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UPC: Summer Recess Update

The UK Parliament is now on its summer recess until September which seems like a good time for a brief update on some unitary patent related bits and bobs from the last couple of weeks. (more…)

UPC: UK/DE Ratification update and new version of CMS expected soon

DDZiBDkXYAAgvPY (1)We’ve had some developments of sorts over the last week as far as ratification progress for the UK and Germany is concerned. A new version of the Case Management System for the UPC is also expected to arrive shortly. (more…)

UK Election likely to delay Unified Patent Court?

IMG_8533This week’s snap decision by the Prime Minister to call an early election caught pretty much everyone by surprise and, in IPcopy’s view, is likely to delay (again) the progress of the unitary patent system as the processes around the election seem likely to interfere with the UK’s ratification of the UPC Agreement. In this post we take a look at the timeline for the election and how, in our view, it might potentially push the unitary patent system start date into early 2018. (more…)

The unitary patent system: Topics of Interest (Q&A)

IMG_8533Despite there being some more work to do in bringing the unitary patent system online (not to mention the possibility that Brexit could still potentially torpedo or severely slow down the whole process), IPcopy has been asked a growing number of questions recently about the unitary patent and the Unified Patent Court.

What follows below is a selection of questions that we’ve encountered over the last few weeks. This is by no means an exhaustive summary of the current state of play of the unitary patent but we hope the discussion below is useful nonetheless.

A list of topics is below. Click on the topic of interest to jump to the correct part of the post. (more…)

Holding on for a unitary patent

IMG_8533After a five month Brexit induced wobble the unitary patent system appears to be heading toward lift off and is once again figuring in the plans of some patent owners.

Indeed, in the last week, IPcopy was asked whether a currently pending European patent application would be eligible for unitary patent status or if there was a risk it might grant before the system goes live.

In this post we take a quick look at what makes a European patent eligible for unitary effect on grant and how the unitary patent system timescale matches up with the European patent process. (more…)

Theresa the Brexit Slayer?

brexit-1481028_1920IPcopy has wondered for a while how the UK’s somewhat surprising announcement last November that we would continue preparations for ratifying the UPC Agreement would play out if the news got wider attention in the media. Despite the Government’s insistence that the UPC is an international court rather than an EU institution I couldn’t see this argument playing well with the readership of certain portions of the press who are champing at the bit for the moment we can retake control of our country. (more…)

Brexit through the Lens of IP Law

brexit-1481028_1920According to the Government’s White Paper on exiting the EU, the 65 million people of the UK are now willing the Government to make the negotiations happen (see PM’s Foreword, paragraph 4). I must have missed my reprogramming session as I’m still waiting for reality to snap back to normal….

However, even if we are now all on board the Brexit Bus, next stop the cliff edge followed swiftly by the foot of the cliff, it’s still good to see a well researched article on the impacts of Brexit on the IP sphere. The world has, of course, been awash with Brexit News Bulletins ever since the result came in but the latest addition,  The Legal Consequences of Brexit through the Lens of IP Law, comes with a sterling pedigree, namely Richard Arnold (a judge at the High Court), Lionel Bentley (University of Cambridge), Graeme Dinwoodie (University of Oxford) and Estelle Derclaye (University of Nottingham). (more…)

Euratom, the CJEU, Brexit and the UPC

brexit-1481028_1920IPcopy is finding it difficult to reconcile the UK Government’s various announcements regarding the CJEU with continued participation in the unitary patent scheme.

As discussed in an earlier post we suggested that the Government was going to argue that continued participation in the unitary patent scheme was OK, despite the presence of the CJEU within the unified patent court structure, because domestic patent law would be unaffected by the limited influence the CJEU would have over UPC decisions.

Last week it became clear from the explanatory notes  accompanying the European Union (Notification of Withdrawal) Bill (the “Article 50 bill”) that the Government was intending on pulling out of the European Atomic Energy Community (Euratom) as well as the EU. (more…)

Protected Food Name status and Brexit: the considerations and implications

brexit-1481028_1920Today on IPcopy we have a guest post from Nicola McNeely of Capital Law. This post has been reproduced with the permission of the author.

The European Protected Food Name (EUPFN) Scheme provides important protection to many household brands across the UK, including several in Wales. Post Brexit, there will be some negotiating to do to ensure that this protection is upheld – and that it continues to be available. But why is EUPFN status is so important – and why does it need to be firmly on the negotiating agenda for Wales?  (more…)

The 12 point Brexit plan and the CJEU – can the UK be part of the UPC post-Brexit?

IMG_8533Can the UK continue with the UPC post-Brexit? IPcopy suggests a tentative way forward.

After months of soundbites we finally heard the “plan” for Brexit this week when the Prime Minister gave a speech at Lancaster House that detailed a 12 point plan for leaving the EU (Full transcript here).

Objective 2 of this action plan related to the control of our own laws and leaving the jurisdiction of the CJEU (see extract from the transcript in footnote below1). This in turn lead several commentators to speculate that this would block the UK’s participation in the unitary patent scheme post-Brexit since, under the UPCA, questions relating to the interpretation of EU law can be referred from the UPC to the CJEU.

How, in light of this link between the CJEU/UPC and the PM’s statement, could the UK continue participation in the UPC?

The simplest answer to the above question is that post-Brexit the UK will have to leave the UPC and unitary patent. However, this is seemingly at odds with statements made recently by Jo Johnson (see our article from earlier this week) where it was suggested that the UK has a great interest in being part of the UPC and that our continued participation will be part of the Brexit negotiations.

So, IPcopy wondered if there was a way of reconciling this apparent conflict such that the UK could stay part of the UPC.  (more…)