Interpretation of Article 83 of the AUPC: the Court of Appeal's view in Aim v Supponor

Interpretation of Article 83 of the AUPC: the Court of Appeal's view in Aim v Supponor

Journal article

1 online resource

This article analyses the UPC Court of Appeal decision in Aim v Supponor regarding the interpretation of Article 83 of the Agreement on a Unified Patent Court (AUPC) providing for the transitional regime. It examines how the Court’s ruling allows patent proprietors to withdraw opt-outs and move to UPC jurisdiction even when national proceedings were pending before 1 June, 2023. The analysis critically evaluates the Court’s reasoning on two key aspects: its broad interpretation of the term "action" across arts 32 and 83 of the AUPC, and its teleological interpretation regarding the transitional regime’s purpose. The article argues that the Court’s interpretation may inadvertently encourage forum shopping and parallel litigation, while failing to adequately address the relationship between UPC and national courts during the transitional period. The article concludes that principles of proportionality and fairness should guide the UPC’s analysis of jurisdictional issues concerning the transitional regime to create trust in its functioning as a specialised court.

Crossref

European Intellectual Property Review, 0142-0461 ; E.I.P.R. 2025, 47(5), 270-275

[New York, NY] : Thomson Reuters, 2025.

English

https://1.next.westlaw.com/Copyright

External Online Journals > European Intellectual Property Review