Slovenia is expected to deposit its instrument of ratification of the Unified Patent Court Agreement with the Council of the European Union soon, bringing the number of ratifying countries to twelve. However, due to the Brexit vote and recent statements of UK prime minister Theresa May about what this vote should mean for the UK,…

The Preparatory Committee of the Unified Patent Court reported earlier this month that its work will be finished by the time of its meeting in October, and this will be its last. Due to the political reality of the Brexit vote and the legal uncertainty over its future participation in the Unitary Patent project, it is…

In a much-anticipated series of judgments, running to some 579 pages, the EU’s General Court on 8 September 2016 upheld a 2013 decision of the European Commission that imposed fines of almost €150 million on the innovative pharmaceutical manufacturer, Lundbeck, and a number of generic manufacturers with whom Lundbeck had entered into agreements to settle…

A post-Brexit UK can stay in the Unitary Patent system, although a number of criteria would have to be met. That is the opinion of leading counsel Richard Gordon QC and Tom Pascoe of Brick Court Chambers, who were asked by the IP Federation, the Chartered Institute of Patent Attorneys and the Intellectual Property Lawyers…

The Italian Chamber of Deputies, the Parliament’s lower house, has approved the draft bill on ratification of the Unified Patent Court Agreement (UPCA). According to a report of the Società Italiana Brevetti (SIB), there were 302 votes in favour, 108 against and 25 abstentions. The bill will now go to the Italian Senate. Despite the Brexit vote…

The Netherlands has deposited its instrument of ratification of the Unified Patent Court Agreement with the Council of the EU. That has just been announced by the Dutch ministry of Economic Affairs. The Netherlands is the eleventh member state of the Unitary Patent system to complete the ratification process. In order for the system to…

Where should the London branch of the central division of the Unified Patent Court (UPC) go, if it has to be relocated due to the Brexit vote in the UK? To Milan? The Hague? Brussels? Any other city? Public lobbying has started in Italy with a letter of the Industrial Property Consultants Institute. The organization…

Although patent litigation in Europe is fragmented, businesses have been able to cope and a unitary system may not be strictly necessary for the patent system to function in Europe. However, the new UPC does represent an opportunity to improve the system via greater efficiency and consistency.  Dr Luke McDonagh of the Law School at…

The UK’s Intellectual Property Office has published a statement on the future of IP law after the Brexit vote of 23 June 2016, saying there will be ‘no immediate changes’ regarding the Unitary Patent system. In its document ‘IP and BREXIT: The facts‘, the UK IPO writes: ‘there has been much speculation on the future of many intellectual…

Analysing whether, if the UK ratifies the UPC, further participation in the Unitary Patent system might be possible and on what legal basis. That is the main objective of a group of patent professionals in the UK, which has been convened by Simmons partner Kevin Mooney after the Brexit vote of 23 June 2016. Mooney is…