The Unified Patent Court (UPC) is a planned future court common to EU Member States which participate in the Unitary Patent system, and it will be part of their judicial system. After a transitional period of 7 years or 14 years at most, it will have exclusive competence in respect of traditional European patents and European patents with unitary effect (Unitary Patents). The UPC is based on the Unified Patent Court Agreement. The Unitary Patent system and the UPC are planned to start functioning once certain ratification conditions have been fulfilled.
It is self-evident that the Unitary Patent system is good for Europe. The project will attract the best judges, there is a good set of procedural rules, the industry wants it, this is a ‘no brainer’ and the start of the system is taking too long. Alexander Ramsay, chairman of the Preparatory Committee of the…
(UPDATES) The European Patent Litigators Association (EPLIT) is the latest of several organisations that have published their view on the constitutional complaint against ratification of the Unified Patent Court Agreement in Germany. The complaint was filed last year by European patent attorney Dr. Ingve Björn Stjerna. The Federal Constitutional Court in Germany requested a series…
Latvia has completed the ratification formalities of the Unified Patent Court Agreement by depositing its instrument of ratification with the secretariat of the EU Council. It is the 15th state to do so, after Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, and Sweden. Latvia will form a Nordic-Baltic…
The constitutional complaint which was filed last year against German ratification of the Unified Patent Court Agreement, has been shrouded in secrecy. The complaint has not been published, nor the observations about the case, which the German Federal Constitutional Court (FCC) requested from goverment and a series of other organizations. Professor Winfried Tilmann gave his…
Artists, writers, singers would undoubtedly be thrilled to see a list of most popular works being dominated for years by their books or songs or other creations. In the case of this blog, however, the top ten of most popular items is a sad display of the longstanding social unrest and problems at the European…
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…
It is difficult to predict a new timeline for the start of the Unified Patent Court, due to the case pending in the German Federal Constitutional Court. In the meantime, the UPC Preparatory Committee is using the additional time available to prepare the functionality of the Court. Chairman Alexander Ramsay has written this in a…
It is questionable whether the German constitutional complaint against ratification of the Unified Patent Court Agreement addresses fundamental breaches of the German Constitution. And even if the Federal Constitutional Court thinks this is the case, it may reject as inadmissible the complaint for a decision. Prof. Dr. Winfried Tilmann of Hogan Lovells argues this in…
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…
