Description
This position paper presents a Bifurcation model for a Unitary SPC, consideration for which is supported by CropLife Europe. This model proposes a central administration by the EUIPO, drawing on the technical expertise of national patent offices (NPO), while maintaining a clear distinction between patent-law and EU-law matters. Under this bifurcated approach, patent law questions would fall within the jurisdiction of the Unified Patent Court (UPC), whereas EU-law issues would remain subject to review by the EUIPO and, ultimately, the EU courts. This model preserves the existing allocation of institutional competences, avoids the need to amend the UPC Agreement, and could be implemented in a timely and pragmatic manner.