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Breaking: UK ratifies the UPC agreement

On April 26th, the United Kingdom became the 16th nation to ratify the Unitary Patent Court agreement, bringing the Unitary Patent closer to reality. Once in force, the agreement will make it possible to enforce IP rights across all countries that have ratified the agreement via a single court. With its implementation, the UPC agreement will bring forth closer European integration as regards patent litigation.

As our readers may recall, to enter into force, the UPC must be ratified by at least 13 nations, as well as all three of Germany, France and the UK (as the three nations with the largest number of active European patents). After Brexit, all eyes have been on the UK, as the UPC agreement was suddenly up in the air again. With the ratification by the UK, the last obstacle on the path to a Unitary Patent remains a German constitutional court challenge to the agreement, still pending at this date. The pressure is now on, and many heads will turn toward Germany with the hope and expectation to resolve the challenge quickly.

The Year of the Unitary Patent?

Italy is 12th country that ratified the Unified Patent Court (UPC) agreementOn Friday, February 10th, Italy has ratified the Unified Patent Court (UPC) agreement.

As of now, the deal has been signed by 12 countries including France. As we previously wrote, approvals from 13 countries including the UK, France and Germany are needed for the UPC to come to fruition. Germany has said that they will ratify the agreement, provided so does the UK.

After the Brexit vote in June 2016, strong doubts were raised regarding the future of the UPC. However, in November 2016, the British minister for Intellectual Property, Baroness Neville-Rolfe reiterated the UK’s commitment to the UPC and the Unitary Patent. She then stepped down in December 2016, prompting questions on whether her assurances would be honored by her successor as IP Minister, Jo Johnson. Mr. Johnson is the younger brother of the UK’s new Foreign Secretary, former mayor of London and a staunch Brexit supporter Boris Johnson. When asked on his stance regarding the UPC, Mr. Johnson claimed that it may form part of the wider Brexit negotiations.

Meanwhile, the UPC committee has announced that the court will start operations in December 2017. Stellbrink & Partner will keep you updated on the status of the Unitary Patent in these tumultuous times.