The first decision by the Unified Patent Court (UPC) involving a Spanish company was recently issued.
The result was adverse for the Spanish biotechnology company Arkyne Technologies SL., which was found by the UPC for infringement of European patent EP2137782B1 registered in the name of the Dutch company Plant-e. The UPC held that Arkyne infringed the aforementioned European patent by equivalence and that the patent is valid.
It should be noted that the Unitary Patent is a convention to which most of the European Union countries have adhered, although Spain is not a party. The UPC is a recently created Court to deal with infringement and the validity of Unitary and European Patents, if requested.
This decision represents a legal novelty for the Spanish legal system. It forces Plant-e to assert its exclusive rights at the European level, and forces Arkyne to withdraw the infringing products in all countries covered by the Unitary Patent Convention.
For more information about the Unitary Patent and the Unified Patent Court, please do not hesitate to contact us.
Carlos Baños
Head of the Patent Department
