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.
A post-Brexit UK can stay in the Unitary Patent system, although a number of criteria would have to be met. That is the opinion of leading counsel Richard Gordon QC and Tom Pascoe of Brick Court Chambers, who were asked by the IP Federation, the Chartered Institute of Patent Attorneys and the Intellectual Property Lawyers…
Perhaps one of the less high profile consequences of the Brexit vote on 23 June was that the number of people who completed the Kluwer UPC Summer Quiz fell as sharply as the pound. However sincere thanks to the 31 optimists who completed the quiz and congratulations in particular to Nick Kruijsen who answered 16…
The Italian Chamber of Deputies, the Parliament’s lower house, has approved the draft bill on ratification of the Unified Patent Court Agreement (UPCA). According to a report of the Società Italiana Brevetti (SIB), there were 302 votes in favour, 108 against and 25 abstentions. The bill will now go to the Italian Senate. Despite the Brexit vote…
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…
