Unitary Patent enters into force in Europe

Yaotian Chai • 12 July 2023

Unitary Patent enters into force in Europe

On 1 June 2023, the Unified Patent Court (UPC) finally came into force after years of negotiations between Member States. The project was launched by the UPC Agreement of 19 February 2013, signed by 25 Member States, and ratified by 17 of them.

This means that the long awaited Unitary Patent in Europe could now finally offer a new alternative to patent applicants and holders, besides the traditional European patents.

Recently, the head of Aurilex, Ms. Christine(Yaotian) Chai, has been interviewd by Xinhua News on the topic of unitary patents and given useful insights into the UPC system. 

For an extract of interview in Chinese, please click on the link below:
by Aurilex 16 April 2025
On April 16, 2025, Christine Chai, partner at Aurilex, was invited to speak at the seminar “ China–Europe Intellectual Property Protection in Practice: A Dual Perspective on Compliance and Risk Mitigation ,” jointly organized by Aurilex and Shanghai Sunhold Law Firm. The event brought together legal professionals from both Europe and China, offering in-depth analysis and practical guidance for companies navigating intellectual property (IP) protection across borders. As the representative speaker on European IP practice, Christine Chai delivered a detailed presentation covering the legal frameworks, registration strategies, and enforcement challenges businesses typically face when entering the European market. Navigating Dual Systems: EU-Wide vs. National IP Protections Christine highlighted the complexity of Europe’s IP system, which combines EU-wide mechanisms (such as EUTM and EPO filings) with country-specific rules. She emphasized the importance for businesses to align their IP strategies with this dual-layered structure. “For example,” she noted, “the actual use requirement under the EU Trademark Regulation means that companies must plan not only for registration but for active, timely use in the market.” Trade Fair Injunctions: A Real and Growing Risk Christine also warned Chinese companies about the increasing use of emergency injunctions during trade fairs in France and other EU countries. “There have been multiple cases where exhibitors faced injunctions on-site, resulting in booth closures and seizure of displayed goods. Without preemptive IP audits, companies expose themselves to serious operational disruptions,” she explained. The UPC: Centralization Comes with Strategy Shifts Addressing recent developments, Christine discussed the impact of the Unified Patent Court (UPC) on enforcement strategy in Europe. While the UPC offers streamlined litigation across multiple EU member states, it also requires companies to make deliberate choices between centralized and national enforcement routes. Joint Dialogue: Cross-Border Action Checklists During the joint dialogue session, Christine collaborated with the Chinese legal team to provide practical compliance checklists for cross-border business activities. She advised Chinese companies to: Conduct prior trademark and patent clearance in target EU countries; Evaluate whether to opt in or out of the UPC system; Prepare legal strategies in case of emergency injunctions or enforcement challenges. Likewise, she shared insights for European companies expanding into China, particularly on navigating local IP enforcement procedures and understanding the nuances of evidence collection in cases involving trade secrets. This seminar highlighted the increasing importance of IP compliance in cross-border business, especially as more Chinese companies “go global” and more European businesses expand into China. Aurilex remains committed to providing in-depth legal support tailored to the needs of international clients operating across jurisdictions.
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