Communication on Administrative Committee Meeting, 2 June 2023

Contracting Member States of the UPC Agreement have met in the Administrative Committee on 2 June 2023 and, on the basis of the opinion of the Advisory Committee, agreed unanimously on a list of most suitable candidates for appointment as Technically Qualified Judge (TQJ). Altogether around 20 additional TQJ will be offered a position as a part time TQJ. Also, around two dozen Legally Qualified Judges (LQJ) have been selected to further build the "reserve list" of the UPC. Additions in both areas will be considered later this year on an opinion by the Advisory Committee. The measures are intended to reinforce the capacity of the Court already from the early days of its work.

Italy, France and Germany presented the outcome of their trilateral discussions regarding a permanent solution on Article 7 (2) UPCA and Annex II of the Agreement in which the reference to London has become obsolete after Brexit. With the proposed amendment of the Agreement, a section of the central division would be created in Milan competent, under Annex II, for IPC Section A patents, the Munich section would also be competent for IPC Section C patents and the Paris seat for SPCs from Sections A and C. The draft decision foresees a review to be launched in 2026 in advance of the general review foreseen under Article 87 (1) of the UPC Agreement. The draft decision also foresees that the Administrative Committee will immediately start the preparatory work in order to have the Milan section of the central division up and running at the end of the 12 months period that follows from Article 87 (3) of the Agreement.

Member States will meet again on 26 June with the view to taking a decision. Such a decision based on Article 87 (2) UPCA could already be effective after 12 months. Provisionally, until a final solution is implemented, the allocation of cases to the Paris seat and Munich section is governed by the decision of the Presidium of 8 May 2023.