Whilst it is highly debatable whether the EU Withdrawal Agreement will get through the UK Parliament, the chances are that if any revised deal is struck later, the IP provisions will remain unchanged.  (The Johnson brothers, and even Jacob Rees-Mogg are unlikely to be terribly exercised about matters such as the continued application post- 31…

If a Brexit agreement is reached with the European Union, the UK can stay in the Unitary Patent system during the transitional period and likely be part of the system once this comes into effect. This was argued last week by Kevin Mooney of Simmons & Simmons, who is closely involved in the creation of…

The UK Government issued guidance today on patent issues to allow businesses and citizens to understand what to do in a ‘no Brexit deal’ scenario. The so-called Technical Notice includes information about the Unitary Patent and Unified Patent Court, and explains that it is unclear whether the UP system will start before the Brexit date of 29…

A recent study by two eminent scholars from the Max Planck Institute for Innovation and Competition (MPI) on „The Impact of Brexit on Unitary Patent Protection and its Court“, which is available here, casts significant doubts whether it will be possible for the United Kingdom to stay in the UPC Agreement after the UK has…

The United Kingdom wants to stay in the Unitary Patent system post-Brexit. This has been confirmed in the UK’s Brexit White Paper, which was published today. According to article 151 of the paper, ‘The UK has ratified the Unified Patent Court Agreement and intends to explore staying in the Court and unitary patent system after…

The UK has ratified the Unified Patent Court Agreement. The Minister for Intellectual Property, Sam Gyimah MP, confirmed this today. As was announced in a government press release: ‘Ratification brings the international court one step closer to reality. The Agreement on the Unified Patent Court (UPC) is an international treaty. The international court will have jurisdiction over patent…

A crucial period is ahead for the Unitary Patent (UP) system. In the UK, all legislative steps required to ratify the UPC Agreement have been completed and formal ratification could take place around Easter, if the government gives the go-ahead in the midst of the Brexit turmoil. In Germany, a decision is expected this year…

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…