In the various figures, projects or coordination
processes relating European level to the Industrial and
intellectual property undoubtedly the European Patent Effect Unit
(better known as unitary patent) and the Unified Patent Court is
expected to be much affected, as indicates our expert Carmen
BREXIT EFFECTS FOR THE EUROPEAN PATENT WITH UNITARY EFFECT AND
UNIFIED PATENT COURT
Once you know the result of the referendum in the UK, the first
question we ask ourselves is the effect it could have its EXIT from
U.E in the new patent system.
So far, we assumed the entry into force of unitary patent
package in the imminent future, ie in 2017, coinciding practically
with the entry into force of the new Patent Law in Spain. However,
the new situation in which is situated the UK creates uncertainty
about the future of the system.
Currently ten Member States, Austria, Belgium, Denmark, Finland,
France, Luxembourg, Malta, Portugal, Sweden and Bulgaria have
ratified the agreement.
For the new patent system to become operational, it would need
only Britain and Germany, and an additional Member State to ratify
the Agreement on the Unified Court.
However, despite the outcome of that referendum, it could still
become reality the entry into force of this system of European
patent with unitary effect, since now a two-year period is opened
to negotiate the final exit of the U.E.
Therefore, we consider two possible scenarios:
If the United Kingdom ratify
the Agreement on the Unified Patent Court, the unitary patent
system could be implemented. However, because a non-EU
member state can not be part of the unitary patent system, and the
agreement of TUP does not include provisions relating to the exit
of a Member State, this situation could lead to a possible
relocation of the section of the central division of London, as
what established by the Agreement is that the central division of
the Court of First Instance will be based in Paris, with sections
in London and Munich.
If the UK does not ratify the
Agreement on the Unified Patent Court and the Agreement is not
modified, the system of unitary patent could not enter into force
until the UK leave the EU as Article 89.1 of the Agreement
establishes that this Agreement will enter into force only if such
tools are those of the three Member States which have had effects
the highest number of European patents the year prior to the
signing of the Agreement, namely, Germany, France and the UK.
Therefore, when the UK leave the U.E, it could replace Italy as the
third Member State, as it is the fourth largest number of European
patents in the period before signing the agreement year. However,
implementation of unitary patent system based in Italy as the third
Member State mandatory for the ratification of the UPC could expand
Therefore, and in view of the situation arising from the
upcoming departure of the United Kingdom of the European Union, we
must be very vigilant in the coming months to the news that on this
issue they arise and their effect on the sector Industrial
Marketing Authorization (MA) process in Mexico involves the direct or indirect participation of IP authority.
While it is true that each stage of the Marketing Authorization process includes particular steps, most of them have well-stablished guidelines; however, the stages related to IP rights are still under refinement.
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Directed to in-house patent and legal professionals of pharmaceutical companies and their subsidiaries, to understand the relationship between IP rights and the market authorization prosecution process for a drug in Mexico.
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