The draft Brexit Withdrawal Agreement between the EU and the UK, which was published by the European Commission on 28 February 2018, provides for continued protection in the UK of registered or granted IP rights. According to article 50 (1) of the draft agreement, the holder of a EU trade mark, design or plant variety right,…

Different countries have different constitutional requirements before they can ratify an international agreement like the UPCA. Some, like France, can ratify first, and sort out the legislation required to comply with the Treaty later, whilst other countries like the UK and Germany, do it the other way around, passing relevant legislation first, with formal ratification following…

IP organisations in the UK have requested the UK government for action in five key areas in light of the upcoming Brexit. In a note published late December, they make recommendations on ‘the biggest areas where Government action is necessary to ensure continuity and certainty of IP law and to prevent disruption both to undertakings…

What does the Brexit deal, which was reached by UK Prime Minister Theresa May with the EU earlier today, mean for (the British membership of) the Unitary Patent system? How important for instance is paragraph 38 of the Joint Paper, which establishes the continued involvement of the CJEU in the UK? Kluwer IP Law contacted…

Despite uncertainty about the UK’s post-Brexit position in the Unitary Patent (UP) system and the German constitutional compliant against the Unified Patent Court Agreement (UPCA), several steps leading towards UK ratification of the UPCA have been taken over the last weeks. The House of Commons approved the draft Unified Patent Court (Immunities and Privileges) Order…

UPDATE with quotes of the press conference of Michel Barnier at the bottom of this blogpost Will London’s pharmaceuticals and life sciences section of the Unified Patent Court have to be relocated post-Brexit? The EU will investigate this as part of the Brexit negotiations. This has been reported by ScienceBusiness.net. According to the website, the…

The previously announced target date for the entry into operation of the Unified Patent Court, envisaged for December 2017, cannot be maintained. This has been reported by the UPC Preparatory Committee. Today, the Committee announced that the timetable which was published last March, was ‘relying on the timely finalisation of national procedures concerning the ratification…

If the period of provisional application of the Unified Patent Court Agreement starts before the summer break, it is still possible that the Unitary Patent system launches this year. European Commissioner Elzbieta Bienkowska said this in a press conference after the meeting of the EU Competitiveness Council, 29 and 30 May 2017 in Brussels. Bienkowska…

(UPDATED) Industry organization Eurochambres and the British Chambers of Commerce (BCC) have written a joint letter to UK Business Secretary Greg Clark, calling on the UK government to help ensure that the Unitary Patent system becomes a reality as soon as possible. The letter was sent earlier this week, prior to the meeting of the…

Germany has unfortunately no Fordham conference where an impressive number of eminent IP scholars, judges and practitioners, including even representatives of the EPO, get together once every year to discuss the state of the patent universe and future developments. However, Germany does luckily at least have its Max Planck Institute for Innovation and Competition in…