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<h2>Introduction to Climate Change Legislation</h2>
<p>The Netherlands has been at the forefront of implementing <strong>climate change legislation</strong>, aiming to reduce carbon emissions and promote sustainability. These laws have far-reaching implications for Dutch businesses, affecting operations, costs, and competitive positioning.</p>

<figure id="figure-5wsyeck1rmajbz8kx"><img id="5wsyeck1rmajbz8kx" src="https://media.gettyimages.com/id/1463167726/photo/bridge-and-water-barrier-ijssel-valley-the-netherlands.jpg?b=1&s=2048x2048&w=0&k=20&c=Pz9s7z_0oojmTDLA-8GhtLql51TzKMCJI1x1fiwThtM=" alt="Netherlands climate policy" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Key Legislative Measures</h2>
<p>Dutch climate legislation is primarily focused on reducing greenhouse gas emissions. The Climate Agreement sets ambitious targets, requiring businesses to adopt cleaner technologies and improve energy efficiency. Compliance with these regulations is crucial for businesses to avoid penalties and remain competitive.</p>

<p>The government provides incentives for companies that invest in sustainable practices. These include tax breaks and subsidies for renewable energy projects and energy-efficient equipment. Such measures encourage businesses to transition towards more environmentally friendly operations.</p>

<h3>Impact on Small and Medium Enterprises (SMEs)</h3>
<p>For small and medium-sized enterprises, navigating these regulations can be challenging. However, the impact can be mitigated by leveraging available government support and adopting innovative solutions. SMEs can benefit from collaborating in industry groups to share resources and knowledge.</p>

<figure id="figure-ix67c2b697majbz8kx"><img id="ix67c2b697majbz8kx" src="https://media.gettyimages.com/id/1140336148/photo/portrait-of-beautiful-smiling-caucasian-female-worker-with-short-blonde-hair-standing-in.jpg?b=1&s=2048x2048&w=0&k=20&c=4DdQla2G1MwxNIvBT0CeA31JWK85WSUFVDfDAOVUEYk=" alt="small businesses Netherlands" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Opportunities for Innovation</h2>
<p>While climate change legislation poses challenges, it also presents opportunities for innovation. Companies that invest in research and development can develop new products and services that meet sustainability standards. This not only helps in compliance but also opens new markets and enhances brand reputation.</p>

<p>Businesses can capitalize on green technology trends by integrating renewable energy sources, such as solar and wind, into their operations. Additionally, adopting circular economy practices can reduce waste and improve resource efficiency.</p>

<h3>Challenges in Implementation</h3>
<p>Despite the opportunities, implementing these changes can be daunting for some businesses. The initial costs of transitioning to sustainable practices may be high, and the return on investment might not be immediate. Furthermore, staying updated with evolving legislation requires continuous monitoring and adaptation.</p>

<figure id="figure-aak662a52majbz8kx"><img id="aak662a52majbz8kx" src="https://media.gettyimages.com/id/478704571/photo/challenges-ahead.jpg?b=1&s=2048x2048&w=0&k=20&c=J1WVdldOCSWFQXZJ_lQXrgYuJuxxA2WBzDFraUDiQQI=" alt="business challenges" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>The Role of Corporate Social Responsibility (CSR)</h2>
<p>Climate change legislation also ties into broader corporate social responsibility initiatives. By aligning business strategies with environmental goals, companies can enhance their CSR profiles. This can lead to increased consumer trust and loyalty, as consumers are increasingly conscious of environmental impacts.</p>

<p>Engaging in transparent communication about sustainability efforts is crucial. Businesses can utilize digital platforms to share their progress and achievements in reducing their carbon footprint.</p>

<h3>Future Outlook</h3>
<p>The future of Dutch businesses under climate change legislation looks promising for those willing to adapt. As the global focus on sustainability intensifies, companies that embrace these changes will likely gain a competitive edge. Continuous innovation and adaptation will be key drivers of success in this evolving landscape.</p>

<figure id="figure-ssucd1tqdcmajbz8kx"><img id="ssucd1tqdcmajbz8kx" src="https://media.gettyimages.com/id/2103944946/photo/concept-of-climate-change.jpg?b=1&s=2048x2048&w=0&k=20&c=mySnl6LO9uaE0r7LJHaF7H5VSiAL952cE1UVJkoCO6k=" alt="sustainable business practices" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

The Impact of Climate Change Legislation on Dutch Businesses

<h2>Understanding the Basics of Dutch Family Law</h2>
<p>When navigating the complexities of Dutch family law, it's essential to understand its foundational aspects. Dutch family law, governed by the Dutch Civil Code, covers various areas, including marriage, divorce, child custody, and alimony. Whether you're a resident or an expatriate living in the Netherlands, grasping these fundamentals is crucial to making informed decisions.</p>
<p>One of the first things to note is that marriage in the Netherlands can be either a civil union or a registered partnership. Both types offer similar legal rights and obligations, but there are some differences, especially in terms of inheritance rights. It's important to choose the type that best suits your personal and legal needs.</p>
<figure id="figure-5zep5n9kutmaf1o1zv"><img id="5zep5n9kutmaf1o1zv" src="https://media.gettyimages.com/id/1321937348/photo/couple-smiling-happy-signing-contract-at-the-office.jpg?b=1&s=2048x2048&w=0&k=20&c=F9uzVhsCVUDRTHx5xgoU-E8YU5u3XDyuUpngKf2ZOWc=" alt="couple signing document" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Divorce Procedures in the Netherlands</h2>
<p>Divorce in the Netherlands can be a straightforward process if both parties agree on the terms. However, it can become complicated when disputes arise over issues such as asset division or child custody. Typically, divorce proceedings start with filing a petition in court. The court will then assess the situation and make decisions accordingly.</p>
<p>It's noteworthy that the Dutch legal system emphasizes mediation as a primary step before heading to court. Mediation can help resolve conflicts amicably and is often a faster and less expensive option. If mediation fails, the court will intervene to ensure a fair settlement.</p>
<figure id="figure-phwtr5t6x7maf1o1zv"><img id="phwtr5t6x7maf1o1zv" src="https://media.gettyimages.com/id/1847814092/photo/businessman-and-lawyer-discuss-and-advice-on-contract-documents-legal-treaty-agreement.jpg?b=1&s=2048x2048&w=0&k=20&c=CMuoILnJP6Sk_jTp0j_yrKrlfEzaVusq50j4yRaLyr0=" alt="legal papers" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h3>Child Custody and Support</h3>
<p>Child custody is a sensitive issue that requires careful consideration. In the Netherlands, both parents generally retain parental authority after separation or divorce. This means they must jointly make decisions regarding their child's welfare, education, and upbringing. If parents cannot agree, the court may appoint a guardian or make specific custody arrangements.</p>
<p>Child support is another critical aspect of family law. The non-custodial parent is typically required to contribute financially to their child's upbringing. The amount is determined based on both parents' income and the child's needs.</p>
<figure id="figure-x2m9fmtwqsmaf1o1zv"><img id="x2m9fmtwqsmaf1o1zv" src="https://media.gettyimages.com/id/82277513/photo/boy-and-grandfather-holding-steering-wheels.jpg?b=1&s=2048x2048&w=0&k=20&c=_qQHpEf-bu_vCs4QE42OQSsp6bMAKhbEwKmphQvcfRQ=" alt="family with children" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Alimony and Maintenance Obligations</h2>
<p>Alimony, or partner maintenance, is financial support provided by one spouse to the other following a divorce or separation. In the Netherlands, alimony is not automatically granted; it depends on factors such as the length of the marriage and both parties' financial situations. Typically, alimony payments continue for a limited period unless otherwise agreed upon or ordered by the court.</p>
<p>The court aims to ensure that both parties can maintain a standard of living similar to that during the marriage. It's important to consult with a legal expert to understand your rights and obligations concerning alimony.</p>

<h2>International Considerations in Dutch Family Law</h2>
<p>Expatriates living in the Netherlands may face additional complexities due to international elements in their family law cases. Issues such as international child abduction or cross-border custody disputes require specialized knowledge and legal expertise.</p>
<p>The Netherlands is a signatory to several international treaties that address these issues, such as the Hague Convention on International Child Abduction. Understanding these treaties and how they apply to your situation can provide peace of mind and legal clarity.</p>

<h3>Seeking Legal Assistance</h3>
<p>Navigating Dutch family law can be challenging without professional guidance. Whether dealing with divorce, child custody, or international legal issues, seeking advice from a qualified lawyer who specializes in family law is beneficial. They can provide personalized advice and represent your interests in court if necessary.</p>
<p>Ultimately, understanding your rights and responsibilities under Dutch family law can help you make informed decisions and ensure the best possible outcome for you and your family.</p>

Navigating Dutch Family Law: Key Considerations

<h2>Understanding Your Legal Needs</h2>
<p>Choosing the right legal services is pivotal for achieving successful outcomes in any legal matter. Whether you're dealing with a personal issue, business matter, or any form of litigation, understanding your specific legal needs is the first step. Consider the complexity of your case, the stakes involved, and the area of law that pertains to your situation.</p>

<p>Different legal services specialize in various fields such as family law, corporate law, criminal defense, and more. Identifying the nature of your legal issue will guide you toward the right type of legal professional. <strong>Assessing your needs accurately</strong> helps in narrowing down your options effectively.</p>

<figure id="figure-jhken9w9j6maarcam8"><img id="jhken9w9j6maarcam8" src="https://media.gettyimages.com/id/1847814092/photo/businessman-and-lawyer-discuss-and-advice-on-contract-documents-legal-treaty-agreement.jpg?b=1&s=2048x2048&w=0&k=20&c=CMuoILnJP6Sk_jTp0j_yrKrlfEzaVusq50j4yRaLyr0=" alt="legal documents" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Researching Potential Legal Services</h2>
<p>Once you have a clear understanding of your needs, it’s time to start researching potential legal services. Begin by seeking recommendations from friends, family, or colleagues who have dealt with similar issues. Online reviews and testimonials can also provide insight into the experiences of previous clients.</p>

<p>Look into the qualifications and experience of potential lawyers or law firms. A lawyer with a solid track record in cases similar to yours can often provide a strategic advantage. Check if they have any special certifications or memberships in professional associations that might lend credibility to their expertise.</p>

<h3>Evaluating Reputation and Experience</h3>
<p>The reputation of a legal service provider is crucial. Look for any accolades or recognition they may have received within the legal community. Experience also plays a significant role; a seasoned lawyer is often better equipped to handle unexpected challenges that may arise during your case.</p>

<figure id="figure-iss9orwromaarcam8"><img id="iss9orwromaarcam8" src="https://media.gettyimages.com/id/2112766341/photo/lawyer-accepting-bribe-concept-for-signing-legal-contract-approval-rights-of-liberty-bribery.jpg?b=1&s=2048x2048&w=0&k=20&c=v5j8M7fj56KSiA2YWCqiDue3_vlptFSfp0ka7BpSkCM=" alt="lawyer meeting" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Comparing Costs and Fee Structures</h2>
<p>Legal services can vary significantly in cost, so it’s important to understand their fee structures. Some lawyers charge by the hour, while others may offer flat rates for certain services. Be sure to ask about any additional fees that may apply, such as court costs or expenses for expert witnesses.</p>

<p>During your initial consultations, discuss your budget openly and honestly. A transparent conversation about costs can help prevent misunderstandings later on and ensure that you select a service that fits within your financial constraints.</p>

<h3>Understanding Communication and Availability</h3>
<p>Effective communication is a key component of any client-lawyer relationship. During your initial meetings, pay attention to how promptly the lawyer responds to your inquiries and their willingness to explain complex legal terms in understandable language. This will give you a sense of their commitment to keeping you informed throughout the process.</p>

<figure id="figure-f04tmq6pfcmaarcam8"><img id="f04tmq6pfcmaarcam8" src="https://media.gettyimages.com/id/2162362532/photo/lawyer-legal-counsel-presents-to-the-client-a-signed-contract-with-gavel-and-legal-law.jpg?b=1&s=2048x2048&w=0&k=20&c=caepw47BYJExpUqSfRzk2UAv4d_DgKwGME_4KAoyLUw=" alt="legal consultation" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Making Your Decision</h2>
<p>After evaluating all these factors, it's time to make your decision. Trust your instincts about which lawyer or firm feels like the best fit for you. Remember, the right legal service will not only have the expertise you need but will also be someone you feel comfortable working with.</p>

<p>Your choice should reflect both your personal comfort level and confidence in their ability to handle your case effectively. With careful consideration and thorough research, you can find a legal service that meets your needs and expectations.</p>

Comparing Legal Services: How to Find the Best Fit for Your Needs

<h2>Understanding Your Legal Needs</h2>
<p>Choosing the right lawyer in the Netherlands is crucial for successfully navigating the legal system. The first step is to clearly understand your specific legal needs. Are you dealing with a family matter, a business dispute, or a criminal case? Each of these areas requires a different kind of expertise. Knowing what you need will guide your search for the right professional.</p>

<figure id="figure-fk7l8ntfnjma6h0mqn"><img id="fk7l8ntfnjma6h0mqn" src="https://media.gettyimages.com/id/1326458117/photo/shot-of-a-young-couple-sharing-a-handshake-with-a-consultant-theyre-meeting-to-discuss.jpg?b=1&s=2048x2048&w=0&k=20&c=99e0LN08322srn9ENIt8uq9o7lFaBzCKlu4uPFi_GRA=" alt="legal consultation" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Research and Recommendations</h2>
<p>Once you have identified your legal needs, start by gathering information. Seek recommendations from friends, family, or colleagues who have had similar legal issues. Additionally, online reviews and testimonials can provide insights into a lawyer's reputation and track record. Consider reaching out to professional organizations or legal directories in the Netherlands for verified lists of lawyers.</p>

<h2>Qualifications and Experience</h2>
<p>When choosing a lawyer, it is essential to check their qualifications and experience. Look for professionals who have specialized in the area of law relevant to your case. Inquire about their education, years of practice, and specific cases they have handled. An experienced lawyer will not only understand the intricacies of Dutch law but will also be familiar with the local court systems.</p>

<figure id="figure-a73r8rrvrvma6h0mqn"><img id="a73r8rrvrvma6h0mqn" src="https://media.gettyimages.com/id/2102571053/photo/judge-or-legal-advisor-lawyer-examining-and-signing-legal-documents.jpg?b=1&s=2048x2048&w=0&k=20&c=--Il66lv11ynctY0Ks3o6QuBE3K98Rro0w3lJuv1GYM=" alt="lawyer office" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Communication Skills</h2>
<p>Effective communication is key in any legal matter. Your lawyer should be able to explain complex legal terms in a way that you can understand. During your initial consultation, assess their ability to listen and respond to your questions. A lawyer who communicates well will keep you informed throughout the process and will be more likely to represent your interests effectively.</p>

<h2>Legal Fees and Costs</h2>
<p>Understanding the cost structure is essential when hiring a lawyer. Inquire about their fee arrangements—whether they charge a flat fee, hourly rate, or contingency fee. Request a detailed fee agreement in writing to avoid any unexpected costs later. Remember that while fees are important, they should not be the sole deciding factor. The quality of service should be your priority.</p>

<figure id="figure-xyu3k4ygmkma6h0mqn"><img id="xyu3k4ygmkma6h0mqn" src="https://media.gettyimages.com/id/2166667889/photo/senior-caucasian-multiracial-hispanic-woman-talks-with-colleagues-in-bright-modern-office.jpg?b=1&s=2048x2048&w=0&k=20&c=63bqYEaVpxrHnIqpUBl4iKTf_iu_L5yg4RlVaFwdSV4=" alt="financial planning" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Initial Consultation</h2>
<p>Most lawyers offer an initial consultation to discuss your case. Use this opportunity to evaluate if they are the right fit for you. Prepare a list of questions regarding your case and observe how attentive and knowledgeable they are during the meeting. This interaction will give you a sense of their dedication and how comfortable you feel working with them.</p>

<h2>Trust and Comfort Level</h2>
<p>Trust your instincts when choosing a lawyer. You need someone you feel comfortable with, as you will be sharing personal and sensitive information with them. A good lawyer-client relationship is built on trust, so ensure that you feel confident in their ability to represent you effectively.</p>

<h2>The Decision-Making Process</h2>
<p>After meeting with several lawyers, compare their qualifications, experience, communication style, and fees. Consider how each lawyer aligns with your requirements and comfort level. Making an informed decision involves balancing all these factors to select the lawyer who will best serve your needs in the Netherlands.</p>

How to Choose the Right Lawyer for Your Needs in the Netherlands

EU Flags in front of European Commission European Union Flags

<p>The first decision in a revocation action by the central division (Munich) has been published on July 16, 2024. Court also answers the questions in the Referral To The Enlarged Board Of Appeal – G 1/24. See the decision <a data-mce-href="https://www.unified-patent-court.org/sites/default/files/files/api_order/7BD3093D60CBD34C06940FCA0C598CEE_en.pdf" href="https://www.unified-patent-court.org/sites/default/files/files/api_order/7BD3093D60CBD34C06940FCA0C598CEE_en.pdf">here</a>.</p><p>Here are the headnotes:&nbsp;</p><h3>Interpretation of Patent Claims:</h3><p>When interpreting a patent claim, a skilled person does not focus on the literal or philological meaning but instead determines the technical meaning of the terms with the help of the description and drawings. The technical function of the individual features, both separately and together, is deduced from their role in the context of the entire patent claim. The patent description can act as a unique dictionary for the patent.<br></p><h3>Same Invention under Article 87 EPC:</h3><p>An invention is considered the "same invention" as referred to in Article 87 EPC (priority right) if a skilled person can derive the subject matter of the claim directly and unambiguously from the prior application, using general knowledge.</p><h3>Assessment of Inventive Step:</h3><p>The assessment of the inventive step begins from a realistic starting point within the prior art, and there can be multiple valid starting points. Identifying the "most promising" starting point is not necessary.<br></p><h3>Obviousness of Claimed Solution:</h3><p>A claimed solution is obvious if a skilled person is motivated to consider and implement it as the next step in developing the prior art. It matters whether the skilled person would anticipate particular difficulties in taking these next steps. The mere fact that other solutions are suggested in the prior art or pursued by others does not automatically mean the claimed solution is non-obvious. The key question is whether the claimed solution is indeed non-obvious.</p><h3>Denial of Inventive Step:</h3><p>For denying an inventive step, it is sufficient if a skilled person, without making an inventive contribution, would arrive at a result that is covered by a claim. It is not about whether the skilled person would inevitably achieve the same result.</p><h3>Indication of Inventive Step:</h3><p>A technical effect or advantage of the claimed subject matter compared to prior art can indicate an inventive step. However, a feature chosen arbitrarily from several options generally does not contribute to an inventive step.</p>

UPC: The First Revocation Decision

<p>The Unified Patent Court (UPC) began its operations on June 1, 2023, and over the past year, the UPC has seen over 134 infringement actions, 39 revocation (invalidity) actions, and 26 requests for provisional measures (preliminary injunctions). Most of these cases have been concentrated in the German local divisions. The UPC distinguishes itself from traditional European and U.S. patent systems through its extensive geographical reach, short procedural timelines, and a higher propensity for issuing preliminary injunctions. </p><p>We outline key decisions and considerations for those considering obtaining Unitary Patents.&nbsp;</p><p><strong>Geographical Reach</strong></p><p>The UPC serves as a central court system with jurisdiction over both traditional European patents (EPs) not opted out of the UPC and Unitary Patents (UPs) issued by the European Patent Office (EPO) with unitary effect. Currently, the UPC includes <a data-mce-href="https://www.unified-patent-court.org/en/court/locations" href="https://www.unified-patent-court.org/en/court/locations">17 member states</a>, with Romania joining as the 18th member in September. This means a decision from a UPC patent dispute applies to major EU economies allowing patent owners to enforce their patents across these states with a single action.&nbsp;</p><p>The UPC reach provides economic efficiencies for patent applicants, allowing them to secure protection across multiple UPC member states with a single request filed with the EPO, avoiding the costly and time-consuming process of validating a European patent in each state. This streamlines the administrative process and offers a more cost-effective solution for patent protection in the EU. See <a data-mce-href="https://www.epo.org/en/legal/guide-up/2022/uppg_a_v.html" href="https://www.epo.org/en/legal/guide-up/2022/uppg_a_v.html">EPO Unitary Patent Guide, the benefits of the Unitary Patent</a>.</p><p><strong>Enforcement at the UPC</strong></p><p>Traditionally, a European patent under dispute may require litigation in all validated countries, which is expensive and can lead to inconsistent results and legal uncertainty. In contrast, patents under the UPC’s jurisdiction allow patent owners to litigate in one of the UPC’s divisions and obtain a decision applicable in all member states. </p><p>Additionally, patent challengers can bring revocation actions before the UPC, independent of EPO opposition proceedings, with successful revocations effective across all UPC member states.</p><p><strong>Timeline</strong></p><p>Unlike U.S. patent litigation, which can take several years, UPC cases require evidence identification in the complaint, with limited opportunities for additional evidence post-complaint. This front-loaded process enables the UPC to render decisions within a year. Defendants must provide a defense or counterclaim within two to three months, with deadlines generally non-extendable, placing substantial pressure on them.</p><p>To address the limited opportunity for obtaining additional evidence post-complaint, the UPC authorizes orders to preserve evidence and inspect premises, potentially on an ex parte basis. If the relevant evidence is located in the US, one additional means of collecting evidence may be an action pursuant to 28 U.S.C. §1782 <a data-mce-href="https://www.ibanet.org/article/4E615B10-F115-461A-A6C9-91689F6A5B46" href="https://www.ibanet.org/article/4E615B10-F115-461A-A6C9-91689F6A5B46">(see International Bar Association, how to obtain section 1782 discovery)</a>. Additionally, defendants can request limited additional evidence from plaintiffs or third parties to substantiate their claims.</p><p><strong>Preliminary Injunctions</strong></p><p>The UPC is more inclined than U.S. courts to grant preliminary injunctions, with less stringent requirements for demonstrating irreparable harm. Applicants need to show a likelihood of patent validity and infringement and timely relief requests. The UPC’s first year indicates a high likelihood of issuing preliminary injunctions where validity and infringement are demonstrated by a preponderance of the evidence, even for non-practicing entities showing economic harm to its licensing program. see <a data-mce-href="chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.unified-patent-court.org/sites/default/files/upc_documents/2023-09-19-ld-munich-upc_cfi_2-2023-act_459746-2023-app_528389-2023-anonymized-english-translation.pdf" href="chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.unified-patent-court.org/sites/default/files/upc_documents/2023-09-19-ld-munich-upc_cfi_2-2023-act_459746-2023-app_528389-2023-anonymized-english-translation.pdf">10x Genomics, Inc. v. NanoString Techs. Inc.</a>. Moreover, the UPC has shown readiness to grant injunctions on an <em>ex parte</em> basis in urgent situations, as seen in the <a data-mce-href="https://www.unified-patent-court.org/sites/default/files/upc_documents/23-06-22-ld-dusseldorf-order-rop212-upc_cfi-177-2023-anonymized-1.pdf" href="https://www.unified-patent-court.org/sites/default/files/upc_documents/23-06-22-ld-dusseldorf-order-rop212-upc_cfi-177-2023-anonymized-1.pdf">myStromer AG v. Revolt Zycling AG</a> decision.</p><p><strong>Protective Letters&nbsp;</strong></p><p>Entities anticipating a request for provisional measures can file a protective letter, challenging the applicant’s expected assertions. While this does not eliminate the risk of preliminary injunctions, it may reduce the likelihood of ex parte issuance. However, the effectiveness of a protective letter depends on the strength of the arguments presented. Weak arguments, as seen in the myStromer case, may lead to the issuance of an <em>ex parte</em> injunction.</p><p><strong>Language</strong></p><p>English is the preferred language of proceedings, making up around 50% of all proceedings. In <a data-mce-href="https://www.unified-patent-court.org/en/node/661" href="https://www.unified-patent-court.org/en/node/661"><em>10x Genomics v. Curio Biosciencethe</em></a> UPC Court of Appeal clarified the circumstances relevant to switching to the language of the patent; the vast majority of European patents are in English. This may motivate parties to file UPC actions in the language of the patent.</p><p><strong>Access to Pleadings</strong></p><p>Third party access to pleadings varies among European national courts, however, in <a data-mce-href="https://www.unified-patent-court.org/en/node/657" href="https://www.unified-patent-court.org/en/node/657"><em>Ocado v AutoStore</em></a>,&nbsp; the UPC Court of Appeal’s decision provided guidance as to the availability of written evidence and pleadings to the public upon “reasoned request”. The decision clarified that the chances of accessing documents during the course of proceedings are generally slim except when a member of the public has a specific interest instead of a general interest. The chances are increased after the proceedings have come to an end. One example of request to access to the pleadings&nbsp; is for the third party's intended use of the pleading documents in the parallel proceedings such as EPO oppositions.&nbsp;</p><p><strong>Security for costs</strong></p><p>The UPC may grant security for costs where the financial position of one party may give rise to a legitimate and real concern that the costs may not be recoverable. This is more applicable if one party is located outside of the UPC’s jurisdiction, for example UK or US. In <a data-mce-href="https://www.unified-patent-court.org/en/node/459" href="https://www.unified-patent-court.org/en/node/459">NanoString v Harvard</a>, the Court ordered NanoString to provide security for legal costs and other expenses of EUR 300,000, because NanoString was UK-based and that was considered to create an additional burden and uncertainty on the party seeking to enforce the judgment in the UK.&nbsp;</p><p><strong>Considerations</strong><br></p><p>The UPC offers streamlined, cost-effective patent protection and enforcement across multiple EU states, with expedited timelines and a higher likelihood of preliminary injunctions. However, it also presents risks for patent owners. Patents within UPC jurisdiction are subject to single revocation actions, whereas those outside would need separate national challenges. Patent owners can opt out during the UPC’s seven-year transitional period, ending in June 2030. Initially, many patents were opted out, but confidence in the UPC has grown, with fewer opt-outs and some withdrawals of prior opt-outs. Opt-out strategies carry risks, such as precluding re-entry into UPC jurisdiction. Patent owners should ensure alignment among all owners on opt-out decisions to avoid rendering them ineffective.</p><p><br><em>The opinions and recommendations expressed are those of the author and do not reflect the views of Leo Patent Law Office or its clients. This document is for general information purposes only and is not intended to be and should not be taken as legal advice.&nbsp;</em><br>&nbsp;</p><p><br></p>

Blog

The Impact of Climate Change Legislation on Dutch Businesses

Navigating Dutch Family Law: Key Considerations

Comparing Legal Services: How to Find the Best Fit for Yo...

How to Choose the Right Lawyer for Your Needs in the Neth...

UPC: The First Revocation Decision

One Year into the UPC