The date for the start of operations of the Unified Patent Court has now been finally set as Germany ratified the Agreement on a Unified Patent Court (“UPC Agreement”) on 17 February 2023. This was the final ratification required in order for the unitary patent system to enter into force in its entirety. Now altogether 17 EU member states have ratified the UPC Agreement. The Unified Patent Court is expected to start operations on 1 June 2023 when the UPC Agreement enters into force.The unitary patent system will enter into force at the same time.
15.3.2023
The Unified Patent Court will start operations on 1 June 2023
Sakari Salonen, Hanna Paloheimo & Piia Raappana
Related services
Towards a unified European patent system
The Unified Patent Court will be the patent court common to all EU member states that have ratified the UPC Agreement. The Unified Patent Court will have exclusive jurisdiction over unitary patents, European patents, supplementary protection certificates of European patents and European patent applications, unless the opt-out mechanism described below is used. The Unified Patent Court will not have any jurisdiction over national patents or supplementary protection certificates granted to national patents. In Finland, the Market Court will still have jurisdiction over national Finnish patents and supplementary protection certificates granted for national Finnish patents in the future as well.
The unitary patent is a new, supranational option for patent protection in Europe. Currently, a European patent must be validated separately in each contracting state where patent protection is desired. This means in practice that a patent holder has a bundle of national patents. A unitary patent will only consist of a one single patent providing patent protection in the EU member states that have ratified the UPC Agreement.
Opt-out possibility began on 1 March 2023
All European patents, supplementary protection certificates of European patents and European patent applications will be transferred under jurisdiction of the Unified Patent Court in the beginning of June, unless they are specifically excluded from the Unified Patent Court’s jurisdiction by using the opt-out mechanism. It is possible to use the opt-out even before the UPC Agreement enters into force during the three-month sunrise period which started on 1 March 2023.
After the sunrise period, opt-out is possible during the seven-year transitional period. However, an opt-out can only be used ifno action has already been brought before the Unified Patent Court with respect to the European patent in question. It is highly recommended that companies start reviewing their patent portfolios now at the latest in order to exclude their patents from the Unified Patent Court’s jurisdiction during the sunrise period if considered necessary.
Latest insights
Article published 17.10.2025 – Intellectual Property
Is your IP safe? Eight real-life tips to avoid costly mistakes
Article published 13.3.2024 – Intellectual Property
Changed rules on green claims – does your marketing contain claims about environmental objectives or emissions compensation?
Article published 7.12.2023 – Data & Technology
Agreements define data sharing and re-use
Article published 8.11.2023 – Data & Technology
Prepare for the new wave of digital regulation
Lauri Laatunen & Janne Koivisto
Hilma-Karoliina Rozell & Karla Kallela
Kim Parviainen, Eija Warma-Lehtinen & Sakari Salonen
Latest references
Life Finland – Administration of bankruptcy estate
Life Finland Oy, a retailer of natural products, other health-related products and cosmetics, filed for bankruptcy on its own initiative in June 2025, and our attorney, counsel Elina Pesonen was appointed administrator of the bankruptcy estate. Life Finland Oy was part of the international Life Group, and its parent company Life Europe AB was declared bankrupt in Sweden in June 2025. When declared bankrupt, Life Finland Oy had over 30 operational stores and almost 170 employees across Finland. In addition to the premises of the operational stores, the company had several other leased premises, such as retail premises it was vacating as well as office and warehouse spaces. The bankruptcy estate organised clearance sales in all of the company’s stores. The shutdown of the stores and the clearance sales were efficiently carried out in approximately two weeks in cooperation with the company’s country manager, regional managers and sales staff. The clearance sales yielded a significant liquidation result, and consumers bought nearly the entire inventory. The administration of the bankruptcy estate has required expertise in many areas. The proceedings have dealt with specialised issues such as cash pooling arrangements, intellectual property, franchising agreements, employment relationships and consumer creditors. In addition, the proceedings are notably international, as the estate administrator has organised the shutdown of operations and the liquidation of assets in close cooperation with the estate administrators of the Swedish Group companies. The cooperation has included, among other things, exploring opportunities for selling the business, the sale of intangible rights and the coordination of intra-group agreements.
Case published 9.12.2025
BMW AG – Enforcement of BMW’s trademark and design rights
We successfully represented BMW in an exceptionally long dispute over whether the spare rims sold by the defendant and the hub caps included in them infringed BMW’s trademark and design rights. The Market Court found that the sign used by the defendant caused a likelihood of confusion with BMW’s trademarks. The defendant had used the sign on the hub caps and in the marketing of the hub caps and rims, leading the Market Court to find that the defendant had infringed BMW’s trademark rights. The defendant admitted to infringing BMW’s Community design but denied the related injunction claim. However, the Market Court found that there was no particular reason to refrain from issuing an injunction. The Market Court prohibited the defendant from continuing to infringe BMW’s trademarks and Community design and ordered the defendant to alter or destroy the products and marketing materials that infringed BMW’s rights. Furthermore, the Market Court ordered the defendant to pay BMW EUR 70,000 in reasonable compensation and EUR 80,000 in damages for the trademark infringements, as well as EUR 7,000 in reasonable compensation and EUR 8,000 in damages for the design right infringement. The amounts can be considered exceptionally high in Finland. Additionally, the Market Court ordered the defendant to pay a significant portion of BMW’s legal costs with interest on late payment. In its decision of 11 March 2025, the Supreme Court of Finland did not grant the defendant leave to appeal, and also decided that there was no need to seek a preliminary ruling from the Court of Justice of the European Union. Thus, the Market Court’s judgements (MAO:494/18 and 517/2023) are final. In addition to the main dispute, BMW demanded in a separate proceeding that one of the defendant’s trademark registrations be revoked. A total of three separate legal proceedings were conducted in the Market Court regarding the revocation. The defendant’s trademark registration was ultimately revoked.
Case published 9.5.2025
DNA – Global brand portfolio management and IP enforcement
We are advising DNA Plc in brand protection and intellectual property enforcement matters globally. Our intellectual property team manages DNA’s global trademark portfolio, including registration, prosecution, opposition and enforcement. We also advise DNA in questions concerning consumer and marketing law, unfair competition, social media, domain names and cybersquatting. DNA Plc is one of Finland’s leading telecommunication companies. DNA offers connections, services and devices for homes and workplaces, contributing to the digitalisation of society. The company has approximately 3.7 million subscriptions in its fixed and mobile communications networks. In 2024, DNA’s total revenue was EUR 1,100 million, and the company employs about 1,600 people around Finland. DNA is part of Telenor Group.
Case published 7.5.2025
Piippo – Sale of bale netwrap and baler twine machines and certain trademarks
We are acting as legal advisor to Piippo Plc in the sale of their bale netwrap and baler twine machines, related assets, and trademarks used in Piippo’s business to Portuguese Cotesi S.A. The sale of assets will be carried out in two phases and the final completion of the transaction is expected to occur during the first quarter of 2026. Piippo Oyj’s core business is baling nets and twine and it is one of the leading suppliers in the industry globally. The company’s global distribution network covers more than 40 countries. The company’s shares are listed on the First North Growth Market Finland operated by Nasdaq Helsinki Oy. Founded in 1967, Cotesi is one of the world’s leading producers of synthetic and natural twines, nets and ropes, with operations in Europe, North America and South America and its main production plant in Vila Nova de Gaia, Portugal.
Case published 17.4.2025