UPDATE

The Unified Patent Court (UPC) has announced that the Italian section of the UPC Central Division in Milan will open its doors on 26 June 2024. This marks a significant milestone in the implementation of the UPC's comprehensive patent litigation system.

The UPC is a specialized judicial system, established to streamline patent litigation across participating European Union (EU) member states – currently 17, which will become 18 with the accession of Romania on 1 September 2024 – enhancing efficiency and consistency in patent enforcement. Originally, the central division was to be shared between Paris, Munich, and London. The decision to establish a UPC Central Division branch in Milan was reached after that Brexit necessitated the reallocation of duties originally assigned to the London branch. Initially, after the UPC started on 01 June 2023, these duties were shared between the Paris and Munich sections until a permanent solution was reached, culminating in the establishment of the new Milan branch.

The Milan UPC Central Division branch will be inaugurated exactly one year after the UPC’s Administrative Committee decided to proceed with the establishment of the new branch.

The three appointed judges for the new Milan Central Division branch are: Andrea Postiglione, Anna-Lena Klein from Munich and Marije Knijff from the Hague.

The appointment of the judging panel constitutes one of the last steps necessary for the full operation of the Milan UPC Central Division branch.

The establishment of the Milan UPC Central Division branch enhances the capacity of the Court to manage complex patent litigation efficiently. Milan – also a UPC local division headquarters with an already well recognized reputation and promptness for preliminary injunctions and infringement actions – will now also have jurisdiction, via the central Division branch, to rule on the validity of Unitary and non-opted-out European patents in the IPC Section (A), covering vital sectors such as pharmaceutical and medical device industries, phytosanitary products, agro-industrial technologies, food, tobacco, home appliances, fashion, wood, furniture, fire-fighting, sport and entertainment industries (excluding Supplementary Protection Certificates).

The Italian headquarters of the UPC Central Division will be located in Via San Barnaba 50, on the second floor of the building which already houses various sections of the Court of Milan, including the Milan UPC Local Division.

The opening of the Central Division in Milan offers several strategic opportunities:

• for patent holders: the Milan branch's specialization in human necessities patents offers a strategic venue for litigation in critical sectors.
• for legal practitioners: the new branch creates opportunities for engagement with the UPC system and expanding practice areas.
• for businesses, which may benefit from an attractive and competent venue for enforcing their Patents, as well as leveraging Milan's expertise in key industrial sectors.