UK: proceeding with ratification of the UPC

On November 28, 2016, the UK Government announced its decision to proceed with ratification of the Unified Patent Court Agreement. The UK Minister for Intellectual Property said that the new streamlined regime would provide the UK businesses with more opportunities for protection of their inventions and ideas across the EU.

The Agreement on the Unified Patent Court aims at establishment of a single court with exclusive competence for European patents and European unitary patents. The UPC decisions will be effective on the territory of the Contracting EU states. For entry into force of the UPC it has to be ratified by at least thirteen parties including France, Germany and the United Kingdom. The EU Competitiveness Council has announced that due to the UK positive decision as for ratification of the UPC Agreement the unitary patent system is likely to be implemented next year.

As European patents with unitary effect and the Unified Patent Court Agreement are valid exclusively in the EU states, the destiny of the UK within European unitary patent system post Brexit remains unclear. Being established by the EU members and consisting of their representatives, the UPC is a truly European institution. With the UK being one of the three key members and the Central Division located in London, the question arises whether the UK still can play the same significant role after leaving the European Union and whether European unitary patents will be effective in the post-Brexit UK.

We will keep you updated on further developments. Stay with us for more information.

Author: Lynda Miller