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.
How to save the Unitary Patent project? As soon as the outcome of the UK referendum on a Brexit was known, discussions started behind the scenes about ways to adapt the Unitary Patent system so the UK can stay in. According to Wouter Pors of Bird & Bird, a new scenario has come up to…
With many others, the European IP community is in shock after yesterday’s UK referendum. Though polls had indicated it was impossible to predict whether ‘Remain’ or ‘Leave’ would prevail, somehow it was difficult to believe the UK would really turn its back on the European Union. For European patent specialists, it is hard to accept that…
Today will witness the most important decision the UK has made this century. Understandably, many citizens are anxious about the outcome whatever their leaning on the issue. To help pass the time whilst the polling is on-going, my colleagues Richard Pinckney, Matthew Raynor and Luke Maunder at Bristows have assembled the Second Summer UPC Quiz (with…
A Brexit would be harmful for Europe and a Unitary Patent system without the UK would be less appealing for Europeans as well as Americans and Asians. Most industries cannot afford that their products are only marketed in the UK and not in the other 24 UPC countries, so the system may still be quite…
If a European Patent has been licensed to licensees in different European countries, opting out of the Unified Patent Court might be preferable to keep these licenses separated as far as possible, according to Peter Chrocziel. He is partner in the Intellectual Property practice of Freshfields in Munich and co-author of the publication ‘International Licensing and…
Bulgaria has deposited its instrument of ratification of the Unified Patent Court Agreement at the Council of the European Union. It is the tenth member state to complete the ratification process. The Bulgarian Parliament had ratified the UPCA at the start of April 2016. Earlier, Austria, Belgium, Denmark, Finland, France, Luxembourg, Malta, Portugal and Sweden…
As the Unitary Patent (UP) system is expected to start functioning in 2017, proprietors of European patents are faced with the choice to opt these out of the jurisdiction of the Unified Patent Court (UPC), or to stay in the new system. The main advantage of the UPC is that its decisions are enforceable in…
by Claire Phipps-Jones ♪ “This indecision’s bugging me” ♪ On 23 June 2016, UK voters will be asked “Should the United Kingdom remain a member of the European Union or leave the European Union?”. David Cameron has confirmed that following a vote to leave, a non-retractable notice will be served under Article 50 of the…
Although observers think a ‘leave’ vote in the UK Brexit referendum of 23 June 2016 could be a great setback or even the end for the Unitary Patent (UP) system even before it launches, preparations go on unabatedly. Recruitment of judges for the Unified Patent Court (UPC) is underway, a Draft Code of Conduct has been published, and at its…
A decision on the Code of Conduct for practitioners at the Unified Patent Court, which was scheduled for May 2016, will likely be postponed. In reaction to a critical letter of the Council of Bars and Law Societies of Europe (CCBE), that argued it should have the opportunity to advise on the draft Code, the…
