In a long-awaited decision, the UPC has today (16 May 2023) announced that actions in the Central Division relating to patents in International Patent Classification (IPC) section A (Human Necessities) will be assigned to the Central Division in Paris, while actions in the Central Division relating to patents in IPC section C (Chemistry) will be handled by the Central Division in Munich.
Under the UPC Agreement such actions were originally destined for the London seat of the Central Division. However, since the UK withdrew its ratification of the UPC Agreement in July 2020 (in the wake of its decision to leave the EU), there has been uncertainty as to where such actions would be heard.
A reallocation between Paris and Munich had been widely expected, so today's announcement does not come as a surprise. This reallocation is only temporary, however, pending a final decision on the creation of a new seat of the Central Division to replace the original London seat. Speculation as to the location of that new seat has been rife for months, with Milan now appearing to be the favourite.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
