Friday 9 December

UPC – Opt outs – navigating Rule 5

When and where

Date and time

Start: Friday 9 December 2022, 12:30 PM

End: Friday 9 December 2022, 01:30 PM

Event Overview

With the sun rise period potentially starting in January 2023 and many questions still arising, we are delighted that Kevin Mooney has agreed to talk to us about the Opt-out.

This webinar will focus on Rules 5 and 8.  We have asked Kevin to address the following issues

  • UPC representation in the sunrise period. The impact on EPAs and the filing of Mandates.
  • Signing requirements for documents under the Strong Authentication regime of the UPC.
  • Interaction of Rules 5 and 8 of the RoP. How do we resolve the apparent conflict and who are the true proprietors?
  • What is the essential information needed for an opt out?

This webinar is directed to those who already have a detailed knowledge of the rules and are dealing with implementation.


Members, Non Members


Kevin Mooney, Simmons & Simmons LLP

Kevin Mooney, Simmons & Simmons LLP


Kevin specialises in contentious and non-contentious intellectual property matters, focusing specifically on patent litigation, especially but not exclusively in the pharmaceutical industry.

Kevin is recommended by “Chambers Guide to the Legal Profession”; cited by peers as “the doyen of patent law”. He is a member of the Intellectual Property Solicitors Association, a member of the American Intellectual Property Law Association and a former member of the Nuffield Bioethics Counsel Working Party on Human Tissue. He is a past-President and a current member of the Advisory Board of the European Patent Lawyers Association (EPLAW). He has chaired three Venice conferences of the European Patent Judges.

Kevin has been part of an international team of lawyers and judges working on the creation of a new pan-European patent court. He was appointed Chairman of the Drafting Committee for the Rules of Procedure for the Unified Patent Court (“UPC”) and currently responsible for the implementation of the Case Management System for the Court. In addition, he is the only UK lawyer member of the Interim Working Groups of the UPC. In this capacity Kevin gave evidence to the House of Lords EU Justice Committee in October 2018 on proposals for U.K. continued membership of the UPC.

In the past Kevin has been appointed to a number of Government posts. In 2008 he was appointed to chair the Independent Review Panel for Borderline Medicinal Products and in 2009 the chair of the Independent Review Panel for the Advertising of Medicinal Products.

He is the author of many articles and a frequent speaker in the UK, Europe, US and Asia on intellectual property issues. He is a lecturer on patents both at CEIPI, University of Strasbourg and the Politecnico di Milano. Currently he is advising the European Patent Office on enforcement procedures for patents in Europe and on training for judges appointed to the UPC.

In March 2015, Kevin was awarded the Managing Intellectual Property Outstanding Achievement Award.

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