Abstract
Abstract What news have we heard from the Unified Patent Court (UPC) lately? None, other than there is yet another holdup from yet another constitutional complaint in Germany? Or, none, other than the Court of Justice of the European Union (CJEU) has by now repeatedly indicated that the model is incompatible with EU law? True: ten years into the UPC Agreement, all is still on hold and functional, and legal challenges are as unresolved as ever. But no news in this case is good news, it allows time to ponder alternatives. One alternative is actually quite obvious: the Benelux Court of Justice, which just gained significant new powers in mid-2018. This article looks at the lessons to be learned from the Benelux Court and outlines a Benelux-plus Patent Court as a legally safe alternative to the UPC.
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