Legality of UPC opt-out fees: Ingve is not alone

Verdict on the UPC opt-out fee ...?

Yesterday PatLit drew the attention of readers to this article by German IP practitioner and scholar Ingve Stjerna on the doubtful legality of the proposal to charge prospective patent litigants in Europe for exercising their right to opt out of using the Unified Patent Court (UPC).  Well, it seems that Ingve is not alone.  This blogger has now learned that Benedikt Migdal, of leading British IP practice Bristows, has also questioned the legal basis for this fee on the Bristows UPC Blog, here.

PatLit agrees that the legality of the opt-out fee should be carefully reconsidered. Apart from its plainly dubious legal basis, it is surely wrong in principle and does, as Ingve indicates, suggest that those responsible for the UPC have little confidence in its attractiveness to users if it has to penalise them for not using it.