“UPC Mediation and Arbitration Centre is a real opportunity for cost-effective patent dispute resolution"

Leaders League: You were recently appointed as an expert at the UPC Mediation and Arbitration Center. What will your role involve and what challenges do you foresee?

Vitor Palmela Fidalgo: The work concerns the implementation of the provisions set forth in the Agreement on a Unified Patent Court. As is well known, the Unified Patent Court became operational on June 1st 2023.

Under the agreement, the establishment of a Patent Mediation and Arbitration Centre is also foreseen, with seats in Lisbon and Ljubljana.

Since the Centre has not yet been established, the Unified Patent Court appointed 11 European experts who, together with the Centre’s President, are tasked with making it a reality.

In general terms, I will assist in drafting the rules on mediation and arbitration, selecting the list of arbitrators and mediators to support the parties in disputes, promoting any administrative procedures necessary for the establishment of the Centre, as well as issuing opinions on matters relevant to it.

What impact do you expect the Unified Patent Court will have on patent litigation and enforcement in Portugal and Europe?

The Unified Patent Court (UPC) is expected to have a significant impact on patent litigation and enforcement, both in Portugal and across Europe.

By providing a centralized judicial system for the enforcement and invalidation of European patents (including unitary patents), the UPC offers the possibility of uniform and faster decisions that are valid across all participating member states. This enhances legal certainty and reduces the costs and fragmentation that currently exist in national litigation systems.

  “UPC enhances legal certainty and reduces costs and fragmentation that currently exist in national litigation systems.”

For Portugal, patent holders will now be able to enforce their rights across multiple jurisdictions through a single action, while defendants may face pan-European injunctions. This raises the strategic value of patents and the need for more specialized legal and technical expertise.

Additionally, the UPC is likely to lead to an increase in cross-border litigation, bringing new opportunities for legal harmonization but also challenges in terms of adapting national practice to this new European framework. Portuguese courts may see a reduction in high-profile patent cases, but Portuguese professionals will increasingly engage with UPC proceedings either in support of national businesses or as part of multinational teams.

Overall, the UPC marks a fundamental shift in the European patent landscape, with the potential to streamline enforcement, boost innovation and strengthen the internal market for patented technologies.

As Inventa’s Legal Director, what are your key priorities and challenges when advising clients on IP matters locally and internationally?

My priority is to provide clients with the best IP strategies, while clearly outlining the risks associated with each option. We always strive to be more than just a service provider ─ we aim to be a trusted partner with strong technical expertise, who discusses every detail with the client, always with the utmost transparency and ethical commitment.

At the local level, one of my main goals is to help clients navigate the IP landscape in a way that aligns with their business objectives. This includes ensuring that trademarks, patents and designs are properly registered and maintained, but also that clients are prepared to respond to third-party challenges or infringements. Education and awareness also play a role, helping clients understand the value of their IP assets and how best to use them.

“Internationally, Inventa’s main challenge lies in managing the fragmented nature of IP systems across jurisdictions”.

Internationally, the main challenge lies in managing the fragmented nature of IP systems across jurisdictions, especially when it comes to differing standards of distinctiveness, use requirements or enforcement tools. My role often involves coordinating with local counsel, harmonising strategies across regions and ensuring our clients’ portfolios are both cost-effective and resilient.

What trends do you foresee for the IP sector in Portugal and Europe with the UPC now fully operational?

I believe the entry into force of the UPC marks a significant turning point for the European IP landscape. In Portugal and across the EU, I foresee the following two key trends.

“UPC will create a more unified and predictable legal framework for patent enforcement.”

Firstly, the UPC will create a more unified and predictable legal framework for patent enforcement across participating Member States. This may lead to a decrease in forum shopping and, over time, a consolidation of case law that enhances legal certainty.

Also, it will be an increased importance of Alternative Dispute Resolution. With the UPC Mediation and Arbitration Centre taking shape, there is a real opportunity to promote ADR as a faster and more cost-effective means to settle patent disputes.