Abstract
This paper discusses the Unitary Patent Package based on the 16th draft of the Rules of Procedure of the Unified Patent Court. It starts with giving an overview of the current situation of patent litigation in Europe, the need for the unitary patent, the risks and advantages with emphasis on forum shopping and threat of abuse by non-practicing entities (NPEs). It discusses the structure of the UPC and its courts and panels, the available options for forum shopping under the UPC with emphasis on bifurcation of the court proceedings, fee shifting and the potential role that the Court of Appeal can play in rapidly harmonising court practices. Training of panel judges, multinational panel compositions and the highest quality of appeal judges are crucial to the proper functioning and curbing of forum shopping.
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