These are the pros and cons…

In the recently published article from ´Cinco Días´ our intellectual property expert, Patricia Koch, discussed among others the opportunities and risks of the Unitary Patent and Unified Patent Court (UPC) in the light of Spain’s decision to not join this system.

Spain’s primary point of disagreement with the system, according to the Confederation of Employers and Industries of Spain (CEOE), is the unbalanced and discriminatory language regime.

On the upside, all Spanish companies who find benefits in the unitary patent system will be welcome to to use it. Patricia Koch, a partner at BALDER, adds: “for example, if Spain signs the treaty, a person who has a workshop would have to be careful not to fall within the scope of a patent written in German”.  Spaniards, on the other hand, will be able to apply for their patent to have unitary effect. “The system is open to everyone, not only to nationals of the signatory countries, so a Spaniard can apply for a unitary patent, just like an American or a Japanese,” Koch stresses.

Additionally, Spanish businesses won’t be subjected to litigation over goods and services created in Spain before an international court that speaks a different language.

Read more about the advantages and disadvantages here: https://cincodias.elpais.com/cincodias/2022/08/05/legal/1659703892_515368.html