On June 26, 2023, the Unified Patent Court (UPC) unanimously decided to designate Milan as the seat for a section of its central division, joining Paris and Munich. This decision marks a transition from London, which was originally designated but later excluded due to the Brexit.
Although the jurisdiction of the Milan section is limited to “Human necessities, without Supplementary protection certificates”, with a narrower scope compared to the originally intended responsibilities of the English court, the choice of Milan nevertheless represents a unique opportunity for Italy to strengthen its leadership in innovation and Intellectual Property protection. The extent of responsibilities assigned to the central divisions may be reviewed based on the outcomes and evolution of the system.
The Milan section of the UPC will be fully operational within the next 12 months, in line with the established timeline set out in the current regulations. In the meantime, the first dispute has already been brought before the local division in Milan, indicating the immediate activity of the court.
The establishment of the Milan section of the Unified Patent Court further strengthens Italy’s key role in the protection of innovation and Intellectual Property. In response to this important decision, PGA has assembled a dedicated team of professionals qualified to represent and assist clients before the UPC, with specific expertise in this area. Please do not hesitate to contact us for more information.