LJUBLJANA LOCAL DIVISION Law and Practice Contributed by: Aleksandra Jemc Merc, Eva Gostiša and Eva Milošič, Jadek & Pensa Law Firm
6.4 Improvements to the UPC To help ensure the long-term success of the UPC by making it more efficient, predictable, and accessible to a broader range of users, the following improvements seem important. • Increasing awareness and accessibility ‒ many businesses, especially SMEs and national patent holders, may not yet fully understand the benefits and risks of using the UPC. Targeted training for legal professionals, as well as guidelines on how the UPC func - tions (especially for smaller companies) would increase accessibility. • Clarifying legal precedence ‒ it is essential to ensure that decisions remain consistent, predictable and accessible. • Additional fee reductions ‒ while the UPC has introduced a fee reduction for SMEs and non- profit organisations, further refinements may be needed to ensure that costs remain pro - portionate to the value of disputes. This could include additional fee waivers for economi - cally weaker entities or the use of alternative cost models to prevent excessive financial burdens on smaller litigants.
UPC (eg, in cases involving national patents or Supplementary Protection Certificates (SPCs)). Slovenian courts may also handle cases involv - ing smaller parties or those seeking interim relief that is not urgent enough to require a UPC deci - sion. National patent courts will also remain important for the adjudication of local issues related to patents granted under Slovenian law. Additionally, the Slovenian courts will remain important during the transitional period of the UPCA in cases of “conventional” European patents. Article 83 of the UPCA provides for a transitional period of seven years, extendable by up to another seven – during which, actions for infringement or revocation may still be brought before national courts. Moreover, proprietors or applicants of European patents granted or filed before the end of this transitional period may opt out of the UPC’s jurisdiction by notifying the UPC Registry (rather than the EPO), provided no proceedings have already been initiated before the UPC. The opt-out status of a European pat - ent is available in the European Patent Register. This opt-out may also be withdrawn at any time, unless proceedings have commenced before a national court. It is important to note, however, that this transitional opt-out mechanism and parallel access to national courts do not apply to unitary patents. Finally, Slovenian courts may also provide complementary relief, such as handling interim injunctions, procedural motions, or preliminary actions related to patents that are also pending before the UPC. The role of national courts will thus likely become more focused on specific and localised issues, complementing the broader framework established by the UPC.
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