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.
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…
One month after the UK referendum, discussion has deepened and several papers have been published about the Brexit vote and the Unitary Patent system. Is it possible to both save the system and keep the UK in? EPO president Benoît Battistelli thinks the best case scenario would be for the UK to ‘go ahead as…
Can the Unitary Patent system still enter into force? Is it attractive without the UK or will companies rather stick with the established patent system as in force right now? According to Dr. Axel Walz, co-founder of the IP Dispute Resolution Forum (IPDR) in Munich, these topics have been discussed a lot among German colleagues…
President Benoit Battistelli of the European Patent Office hopes the United Kingdom will stay in the Unitary Patent system despite the Brexit vote of 23 June 2016. He has written this in a blogpost on the EPO website. Battistelli stresses ‘it is entirely up to the UK authorities to determine whether they want to participate…
Yesterday I have already reported about the annual Premier Cercle conference in Munich. Besides the obligatory discussions on the Brexit, the most important new element we could learn at the conference was the information from the Preparatory Committee on the number of judges that have applied for the UPC. Everybody who wished to apply for…
Today, the 4th annual conference of Premier Cercle regarding the Unitary Patent and the Unified Patent Court took place in Munich. It will be no surprise that the outcome of the UK referendum was the “elephant in the room” during the conference. Nevertheless, everybody in the room agreed that the UK political situation may and…
