IP Insights: Prior use rights at the UPC

21/06/2023 5 min
IP Insights: Prior use rights at the UPC

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Episode Synopsis

Now that the Unified Patent Court is operational, it is high time to ponder efficient defense strategies. In this episode, we explore the prior use right (Article 28 of the UPC Agreement).
Which impact does the dynamic reference to applicable national provisions have? Which overarching prerequisites do defendants need to fulfill to claim the prior use right before the UPC? What are the legal effects of the various national prior use rights?
In this episode, our attorneys-at-law Dr. Michael Kobler and Dr. Dominik Woll answer these and other questions you might have in this context.