LJUBLJANA LOCAL DIVISION Law and Practice Contributed by: Aleksandra Jemc Merc, Eva Gostiša and Eva Milošič, Jadek & Pensa Law Firm
6. The Future of the UPC 6.1 Advantages and Disadvantages of the UPC Seising the Ljubljana Local Division offers sev - eral distinct advantages for parties involved in patent litigation. These advantages have already been recognised by the SIPO and presented also by the European Patent Office (EPO) in its Unitary Patent Guide. The Ljubljana Local Divi - sion provides access to an international court with expertise specifically in patent and IP law, offering predictability and quality in handling complex IP matters. Additionally, the UPC offers additional efficiency in cross-border disputes. The UPC allows liti - gants to bring a single case for patent disputes involving multiple European countries, reducing the need for multiple actions in various jurisdic - tions. This cross-border efficiency saves both time and money, particularly for companies with patents across the EU. Furthermore, compared to other high-cost juris - dictions in Europe, the Ljubljana Local Division offers more predictable and affordable fees for Slovenian companies and SMEs. The fee struc - ture is designed to be more accessible, espe - cially for smaller enterprises or non-profit organi - sations, which could make the UPC an attractive option for local patent holders. Finally, Slovenia’s geographic position in Cen - tral Europe makes the Ljubljana Local Division a convenient venue for patent litigation, especially for companies based in neighbouring countries such as Italy, Austria and Croatia. This local proximity offers an accessible option for region - al patent holders without the added costs and complexities of traveling to more distant juris - dictions.
depending on the value of the claim. Even in larger cases, Slovenian fees remain more affordable than those in the UPC. In patent disputes in which permanent injunctions but no damages are sought (at least not ini - tially), it is up to the claimant to set a value of dispute, which in turn affects the court and recoverable attorney’s fees. • Application fees ‒ Slovenian courts also charge additional fees for specific procedural actions, such as applying for interim meas - ures or filing an appeal. These application fees are generally lower than those imposed by the UPC. Similar to the UPC, Slovenian court fees can be waived or reduced for certain categories of liti - gants. By way of example, parties facing finan - cial hardship (eg, individuals on low income or certain public entities) can apply for a fee reduc - tion or exemption. Slovenia has a fee-waiver system for parties who can demonstrate finan - cial hardship. However, unlike the UPC system, Slovenia does not have predefined percentage reductions for specific categories of litigants. 5.3 Costs Awards In the Ljubljana Local Division, no cost awards have been made to date. 5.4 Damages At the date of writing this submission (April 2025), the Ljubljana Local Division has not made any damages awards. Therefore, there are no avail - able decisions regarding the court’s approach to calculating damages in this jurisdiction.
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