The UK ratified the Unified Patent Court Agreement ("UPCA") on 26 April 2018. The UPCA will introduce the Unified Patent Court which will establish a single scheme for patent litigation across contracting Member States.
The UK is the sixteenth country to ratify the UPCA, and is one of the three countries whose ratification is required for the regime to come into being, the others being France and Germany. France ratified in 2014, while Germany has yet to finalise the legislative process to ratify the UPCA. Following the submission of a constitutional complaint against the German participation in the UPC system before the German Federal Constitutional Court in mid-2017, ratification of the UPCA was put on hold. The Federal Constitutional Court is expected to rule on the complaint in autumn 2018. If the Court dismissed the complaint, ratification would likely happen shortly after that.
Joining the UPCA as a contracting Member State will mean that, despite Brexit, the UK will have access to a streamlined, singular approach to patent enforcement across Europe, at least during the transitional period to follow Brexit, which will give the UK time to renegotiate its continued involvement in the UPC following the end of that period.
To download our Legal Update click here.
This article was originally published on AllAboutIP – Mayer Brown's blog on relevant developments in the fields of intellectual property and unfair competition law. For intellectual property-themed videos, Mayer Brown has launched a dedicated channel available here.
Visit us at mayerbrown.com
Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.
© Copyright 2018. The Mayer Brown Practices. All rights reserved.
This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.