LJUBLJANA LOCAL DIVISION Law and Practice Contributed by: Aleksandra Jemc Merc, Eva Gostiša and Eva Milošič, Jadek & Pensa Law Firm
While the primary disadvantage compared to Slovenian national courts remains the relatively higher cost, the long-term benefits of specialised expertise, cross-border efficiency, and acces - sible location make the Ljubljana Local Divi - sion an attractive option for many litigants. The advantages appear to outweigh the drawbacks, particularly for businesses involved in complex international patent disputes. 6.2 Future Trends In the opinion of the authors, the most significant trends likely to affect patent litigation in the UPC and across Europe in the next two years include the following. • Evolving jurisprudence and case law ‒ as the UPC develops its body of case law, there will likely be greater predictability in the applica - tion of patent law principles across Europe. A harmonised approach to patent infringement and validity decisions will emerge, which could lead to more consistency in the inter - pretation of patent rights across European countries. This trend will also be influenced by the increasing interaction between the UPC and national patent offices, as well as European institutions, especially in relation to European patent law reforms. This will especially have great importance in Slovenia, where patent case law is scarce. • Increased use of the UPC for cross-bor - der patent disputes ‒ as the UPC system becomes more established, it is expected that there will be a significant rise in the use of the UPC for cross-border patent disputes. The ability to bring a single case that cov - ers multiple European countries will likely be attractive to patent holders, especially large corporations with portfolios spanning several jurisdictions. This would lead to an increase in the volume of cases at the UPC, especially as
companies seek a more streamlined and effi - cient resolution of disputes without the need for parallel proceedings in individual national courts. • Increase in cases involving SMEs and non- profit entities ‒ with the fee reduction mecha - nism and more accessible costs, there may be an increase in cases brought by SMEs, as well as non-profit organisations and universi - ties. These groups will benefit from the UPC’s affordable fee structure and the simplified, centralised approach to litigation. As SMEs grow their patent portfolios, they may increas - ingly turn to the UPC as a cost-effective way to protect their IP on a pan-European scale. These trends are expected to drive the evolution of patent litigation in Europe, particularly as the UPC becomes an increasingly important forum for resolving complex cross-border patent dis - putes. Further information on future trends can also be found on the official page of the SIPO and in the publications and brochures on the UPC available on the Slovenian government website . 6.3 The Future of National Patent Litigation On 1 June 2023, the patent package – encom - passing patents with unitary effect and the asso - ciated UPC – came into effect in Slovenia. Also in 2023, Slovenia implemented procedural and substantive legislative changes to its national patent law to better align with the UPC sys - tem. While the UPC is expected to handle most cross-border patent disputes, national patent litigation in Slovenia will still play a crucial role in cases that fall outside the scope of the UPC’s jurisdiction. By way of example, national actions for infringement or revocation may be pursued if the patent in question is not subject to the
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