Implications of the EU Unitary Patent System and Unified Patent Court: Impact on Korea and its Strategies

The European patent industry has reached a major turning point because of the launch of its Unitary Patent System (UPS) and Unified Patent Court (UPC). South Korea is also affected by these changes and issues such as fragmentation of patent protection and jurisdiction, problems of choice of forum, and negative effects on small businesses. This study proposes a comprehensive strategy that considers these factors to protect Korea’s patent industry and improve the competitiveness of Korean companies. Korean companies will increasingly use the UPS; therefore, appropriate responses are needed to employ it more effectively. Accordingly, measures such as strengthening dedicated personnel, appropriately using agreements, and responding to patent litigation using opt-outs were proposed at the corporate level. At the national level, it is recommended to establish a support system to strengthen the dedicated workforce of small enterprises and train European patent experts. More specific and practical actions should be developed in future studies.