On June 25, 2026, a delegation of eight representatives from the Compagnie Nationale des Conseils en Propriété Industrielle (CNCPI), the French Association of Intellectual Property Attorneys, including Vice Presidents Nathalie Wajs and Jean-Baptiste Milien, visited the JIPA Tokyo Office. Representing JIPA were Executive Managing Director Takeshi Ueno, Mr. Kenji Hayashi, Chair of the International Committee II, and Ms. Yoko Iwami, Vice Chair of the Committee, who welcomed the delegation and exchanged views.
Following introductions by both sides, JIPA presented an overview of the activities of the International Committee II. It was explained that the Committee has recently focused on monitoring developments in the Unified Patent Court (UPC) and analyzing the practical utilization of the European intellectual property system from the perspective of Japanese businesses.
The CNCPI delegation then delivered a presentation on recent developments concerning the Unified Patent Court (UPC), which became operational in June 2023. The presentation covered the Court’s organizational structure, trends in the number of cases filed, an overview of the growing body of UPC case law, its role in European patent litigation, and future prospects.
Particular attention was given to recent decisions of the UPC Court of Appeal concerning claim interpretation. The speakers explained the UPC’s approach of using the claim language as the starting point while interpreting claims in light of the technical disclosure of the patent as a whole, including the description and drawings. Similarities and differences between the UPC’s approach and the practice of the European Patent Office (EPO) were also discussed, highlighting important practical considerations.
The presentation further addressed the UPC procedures for the Preservation of Evidence and Preliminary Injunctions. The speakers explained the procedures for preserving evidence, measures for protecting trade secrets, and the principal factors considered when granting preliminary injunctions, including patent validity, the likelihood of infringement, urgency, proportionality, and the balance of interests. Relevant UPC decisions were introduced together with comparisons to French national practice.
During the Q&A session, participants actively exchanged views on practical issues, including considerations for Japanese companies when utilizing or responding to UPC proceedings, recent developments in UPC case law, and the Court’s practical operation.
The meeting provided a valuable opportunity to enhance participants’ understanding of recent developments in UPC practice and the evolving body of UPC case law, while sharing practical insights beneficial to Japanese companies.
JIPA will continue to strengthen its cooperation and exchanges with overseas intellectual property organizations in order to provide timely information to its member companies and deepen their understanding of international intellectual property systems.
