Will the ratification of the UPCA by the UK be affected by
triggering Article 50? Apparently not.
The latest news we have below from UKIPO UPC Taskforce was
received on 31 March, after Article 50 was triggered. They
report to be "fully on track" for the court to be
operational in December 2017. There has been lots of
discussion around the role of the CJEU for referrals from the UPC,
but there is an argument that the UPC will be an international
Court, albeit located partially in UK territory – so this
doesn't seem to be a reason to delay UK ratification.
German ratification is also advanced, with final law approved,
so formalities/signatures for ratification all that remains.
Technically, either Germany or the UK will need to "hold
off" formal ratification until the end of July, as the system
will enter into force on the first day of the 4th month after
Germany or the UK deposit their instrument of ratification or
accession (as 12 other states have already ratified, and 13
signatures are needed, which must include UK, France and
"Please see below the latest news update on UPC
Interim Team Meeting
The Interim Team of the Preparatory Committee met on
Wednesday, 29 March, at the UPC Court of Appeal building in
Luxembourg. The team has 5 sub-groups each tasked with making final
practical arrangements for the court to come into operation. A new
group has been formed within the Interim Team to ensure the court
will have appropriate corporate functions, such as HR and IT
departments, when it opens. All sub-groups are making good
progress. Some noticeable highlights include:
The HR team reported readiness to proceed with the judicial
recruitment process once provisional application has
The Finance team held fruitful discussions with the HR team
which will help them to refine the provisional budget for the
Court. Work is also underway on preparing the budget for next
The Registry and IT teams also held useful joint
discussions to ensure the Case Management System (CMS) and Registry
procedures are fully compatible. User Acceptance Testing of
the CMS is expect to start soon.
The next meeting of the Interim Team will be in Berlin on 25
April. Between now and then work will continue on all work
There has been some speculation this week about the UK's
timetable for ratification of the Agreement. As
reported in Managing IP on 30 March, we are fully on track to
commence the provisional application period and ratify the UP
Agreement according to the Preparatory Committee's timetable
(i.e. provisional application in May and court operational in
December 2017). We expect the legislation on privileges and
immunities to be ready to lay after Easter. I will keep you posted
on further developments as they occur. In the meantime, if you have
any questions please do get in touch. (From the UKIPO Unified
Patent Court Taskforce )"
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