What will happen if the United Kingdom, after ratifying the Unified Patent Court Agreement (UPCA) and some years of membership of the Unified Patent (UP) system, leaves the European Union? Can it continue to be a member of the system? If it doesn’t, what will happen to Unitary Patents that up to the Brexit were…
The Preparatory Committee of the Unified Patent Court is delighted with the UK’s decision to ratify the UPC Agreement and will publish a revised roadmap for the start of the Unitary Patent system as soon as possible. Chairman Alexander Ramsay is a happy man, he told Kluwer IP Law. Monday’s announcement of Minister of State…
(UPDATED) Despite the Brexit vote and in a move which ends months of uncertainty about the future of the Unitary Patent system, the UK has announced it intends to ratify the Unified Patent Court Agreement. UK Minister of State for Intellectual Property, Baroness Neville Rolfe, made a statement on behalf of the UK government during…
The United Kingdom can remain a member state of the Unitary Patent (UP) system after Brexit and it will not have to accept the supremacy of EU law by separate agreement, according to Prof Dr Ansgar Ohly of the Ludwig-Maximilians-Universität of Munich. He explained this in a recent lecture at the European Patent Judges‘ Forum…
Will the UK participate in the Unitary Patent system despite the Brexit vote of 23 Juni 2016? It has been the most important question concerning the system for over five months, but probably not much longer. Various sources expect the UK to make an announcement about its plans with the UP and UPC during the…
On 21 October 2016, the Federal Court of Australia handed down its judgment in the case of Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 (FCA Judgment). Justice John Nicholas found in favour of Warner-Lambert, both upholding the validity of its patent claims and granting final injunctions restraining infringement by Apotex….
Introduction by Brian Cordery and Rik Lambers “As many readers will know, the English High Court ruled on a legal challenge as to whether the government could trigger Article 50 of the Lisbon Treaty without parliamentary approval. The post below by Maria Kendrick explains that the Judges ruled broadly that parliament is supreme in UK constitutional…
by Steven Willis Yesterday, the Court of Appeal handed down its decision in Idenix v Gilead [2016] EWCA Civ 1089, a dispute involving SOVALDI® (sofosbuvir), which is sold by Gilead as a treatment for chronic hepatitis C infection in adults. At first instance, Arnold J held (in an epic 621 paragraph judgment) that Idenix’s Patent…
1. History One of the most precious achievements that Europe inherited from England is the so-called Rule of Law, dating back from the days of James I who ruled the union of the Scottish and English crowns from 1603 until his death in 1625. The key parts of this model is that laws are made…
The decision today of the UK High Court that the government cannot trigger Article 50 of the Lisbon Treaty and begin formal exit negotiations with the EU without approval of Parliament, is a setback for the UK prime minister Theresa May and increases the uncertainty regarding the Unitary Patent system. May had argued the government…
