CoA Overturns UPC Helsinki Local Division on Opt-Out Withdrawal

UPC Case Law | 25.11.2024

The Court of Appeal (CoA) has overturned a decision by the UPC Helsinki Local Division (Decision of 20 October 2023, UPC_CFI_214/2023), clarifying that national proceedings initiated before the transitional period of the Unified Patent Court Agreement (UPCA) do not block a patent proprietor's ability to withdraw an opt-out during this period.

The Helsinki Local Division had previously ruled that opt-outs for European patents could not be withdrawn if national actions were already pending when the UPCA came into force. However, in its recent decision on 12 November 2024 (UPC_CoA_489/2023, UPC_CoA _500/2023), the CoA determined that Art. 83(4) UPCA only applies to national actions initiated during the transitional period. This ruling ensures patentees can return to the UPC system even if their patents were involved in past national proceedings, increasing the UPC’s relevance and appeal for patent proprietors.

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