Germany: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
UPC: Security For Costs Not Required Where Claimant Is Backed By Appropriate Litigation Insurance
The UPC Court of Appeal has overturned a €2 million security for costs order, finding that a claimant's litigation insurance with anti-avoidance endorsement provides sufficient protection against unenforceability of adverse costs orders. This landmark decision addresses whether appropriate litigation insurance can substitute for traditional security mechanisms and signals that courts must properly consider such policies when assessing security applications.
Germany Litigation
MC
Marks & Clerk
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Article
PMAC Operating Alongside The UPC – Will The Combination Of Conventional Patent Litigation And Alternative Dispute Resolution (ADR) Form The New Gold Standard?
Patent holders of European patents and supplementary protection certificates now have a new option for dispute resolution in patent matters: On June 2, 2026, the Patent Mediation and Arbitration Centre (PMAC), based in Ljubljana and Lisbon, formally opened. Three years after the successful launch of the Unified Patent Court (UPC), the PMAC is added to its framework.
Germany IP
BP
Bardehle Pagenberg
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Article
CoA, June 2, 2026, Appeal Judgment In Infringement Action And Counterclaim For Revocation, UPC_CoA_312/2025 Et Al
[5] Art. 34 UPCA states that “Decisions of the Court shall cover, in the case of a European patent, the territory of those Contracting Member States for which the European patent has effect”. It is not meant to confine the UPC’s jurisdiction to its own territory. Art. 34 UPCA clarifies that as a rule – unless a more limited scope is requested (cf Art. 43, 76 UPCA) – decisions of the UPC shall cover the territory of all Contracting Member States where a European patent has effect.
Germany IP
BP
Bardehle Pagenberg
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