IAM-Media: UK will not be part of Unitary Patent and Unified Patent Court

Kluwer Patent Blog
February 27, 2020

Please refer to this post as: , ‘IAM-Media: UK will not be part of Unitary Patent and Unified Patent Court’, Kluwer Patent Blog, February 27 2020, http://patentblog.kluweriplaw.com/2020/02/27/iam-media-uk-will-not-be-part-of-unitary-patent-and-unified-patent-court/

The UK will not be part of the UPC. The Office of Prime Minister Boris Johnson has confirmed this to IAM-Media.

According to the website, spokesperson Baylee Turner stated: “I can confirm that the UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound by the CJEU is inconsistent with our aims of becoming an independent self-governing nation.”

The possibility for the UK to participate in the UP system post-Brexit has been a topic of lengthy debate. Also, it has long been questioned whether the UK would want to stay in the Unitary Patent project. During the Brexit debate, it has repeatedly been said that Brexit would end the jurisdiction of European Courts in the UK.

The decision of the UK government not to participate in the Unitary Patent system means, among others, that the central division of the UPC which would be based in London, will have to be moved, possibly to Italy or the Netherlands.