June 10, 2025 | 4:00–5:00 PM CET
To celebrate the second anniversary of the Unified Patent Court (UPC), the 38th Global Digital Encounter brought together distinguished experts to reflect on the Court’s performance, jurisdictional evolution, and impact on the European and international IP landscapes.
This session was part of the ongoing series jointly organized by Fide and TIPSA (Transatlantic Intellectual Property Academy), aimed at examining whether intellectual property systems are prepared to meet the demands of today’s rapidly changing world.
Objectives
- Review the development and achievements of the UPC in its first two years of operation.
- Analyze its governance structure, jurisdiction, and case management system.
- Explore the implications for patent holders within and beyond the EU.
- Reflect on future challenges and opportunities as the UPC system matures.
Panel
- Klaus Grabinski (Germany) – President of the Unified Patent Court; Chair of the Presidium; former judge at the German Federal Court of Justice.
- Tomasz Gawliczek (Poland) – Attorney-at-law, Polish and EU patent and trademark attorney, EUIPO professional representative.
- Moderator: Prof. Manuel Desantes (Spain) – Professor of Private International Law, University of Alicante; former Vice-President of the EPO; Member of Fide’s Academic Council.
Opening Intervention: Laurent Manderieux (Italy) – Professor at Bocconi University, Director of TIPSA, and Chair of the European IP Teachers’ Network (EIPTN).
Key Discussions
1. Opening Reflections from Laurent Manderieux
Prof. Laurent Manderieux opened the session by emphasizing the extraordinary historical and institutional relevance of the UPC, calling it a unifying force in a time when fragmentation and crisis threaten international legal systems.
He framed the UPC not only as a European judicial success but also as a global example of multilateral legal governance in practice, built through patience, collaboration, and long-term vision.
His remarks set the tone for the conversation by highlighting the importance of trust, stability, and legal certainty in today’s IP environment.
2. A Court for a Changing Europe
Prof. Manuel Desantes opened the session by framing the UPC as one of the most promising, successful institutional efforts in recent European history, particularly during a period of global uncertainty and legal fragmentation.
He emphasized the importance of judicial institutions as vectors of trust in the European project and praised the UPC’s speed and professionalism in its early operations.
3. Structure and Achievements
President Klaus Grabinski offered a comprehensive overview of the UPC’s key features:
- Multinational Structure: Involving currently 18 EU Member States with local, regional, and central divisions.
- Case Load and Statistics: Over 600 cases filed in the first 24 months, with both infringement and revocation actions evenly distributed.
- Timeliness: First rulings issued within less than a year, with the average procedural duration remaining impressively low.
- Digital Tools: A fully digital case management system in use from the start, essential for procedural efficiency and accessibility.
Grabinski stressed that the UPC was not a new beginning, but the culmination of decades of European judicial cooperation, and is now offering legal certainty, procedural speed, and centralized enforcement for patent holders.
4. Access, Language, and Inclusivity
The Court has ensured multilingual access and has developed a pragmatic and business-friendly approach to balancing language needs with procedural efficiency.
Grabinski underlined the importance of ensuring that right holders from smaller Member States and SMEs feel feel represented and served by the system.
5. External Perspective and Practical Impact
Attorney Tomasz Gawliczek shared the practitioner’s view, especially from non-participating EU countries like Poland.
He discussed:
- How clients from outside the UPC Member States are already benefiting from clearer enforcement and legal certainty.
- The strategic considerations right holders face when choosing between opt-out and opt-in during the transition period.
- The UPC’s growing credibility internationally, evidenced by increasing interest from non-EU companies and patent attorneys.
He described the UPC as a “game-changer” that has already brought transparency and predictability to the European patent litigation environment.
6. Looking Forward: Future Expansion and Global Reach
Both Grabinski and Gawliczek agreed that:
- The UPC is ready for further Member States to join when the political moment is right.
- The Court’s early jurisprudence is already influencing national courts and shaping harmonized European patent law.
- There is a window of opportunity to make the UPC globally relevant for innovation-driven sectors that rely on efficient and secure IP enforcement.
Conclusion
The encounter concluded with Prof. Desantes summarizing the UPC’s first two years as an example of institutional effectiveness, pragmatic governance, and visionary integration.
Participants agreed that the Court’s ongoing success will depend on continued efficiency, jurisprudential coherence, and its ability to inspire trust among both Member States and international right holders.
The UPC now stands not only as a judicial body but also as a symbol of European unity in a time of fragmentation—a beacon of success in the evolving landscape of global intellectual property governance.
