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Today we have an update on progress towards the unitary patent and the implementation of the UPC.
The Preparatory Committee met last week in Luxembourg to discuss a number of matters including the recruitment package for judicial appointments. Adverts for UPC judges should begin to appear from early next month. It is noted that UPC First Instance judges are to be paid in the region of 132,000 Euros per year and Court of Appeal judges will receive 144,000 Euros per year.
The Committee also discussed a draft code of conduct for practitioners. This code of conduct, which is not yet available for review, is expected to be signed towards the end of May. (more…)
As noted recently the Secondary Legislation Scrutiny Committee has been considering the secondary legislation being used to bring the UPC system into effect in the UK. Of interest in their report is the additional clarifications received in respect of the inclusion of the infringement exception at Article 27(k) of the UPC Agreement into UK law, the computer program exception.
The Committee’s report details comments raised on the draft Order from Baroness Bowles of Berkhamstead including comments relating to the computer program exception. The Committee had put the Baroness’ concerns to the Department for Business, Innovation and Skills (BIS). The full reply from BIS can be found in the Appendix to the Report. (more…)
The draft “The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016” made its way through debate and approval in both the House of Commons and the House of Lords recently. This gets the UK that little bit closer to being in a position to ratify the UPC Agreement*. (more…)
The Preparatory Committee released the agreed rules relating to UPC court fees last week. The main reported piece of news relating to the publication of the fees seems to have been the removal of the 80 Euro opt-out (and withdrawal of opt-out) fee. However, there are a number of other changes in the rules which are summarised below. For reference the Rules document can be found here and the Guidelines for the determination of Court fees and the ceiling of recoverable costs of the successful party can be found here. (more…)
A selection of UPC updates on various issues including the latest Preparatory Committee meeting, ratification updates in the UK and Germany and a look at the Case Management System. (more…)
The EU Referendum is now set for 23 June 2016. Welcome to four months of speculation. Will it be NoGo or BoGo?
While watching Boris do his bit for party unity on Sunday, IPcopy started wondering what a Brexit would do to the implementation of the unitary patent system. As previously discussed on this blog, if the UK exits the EU then UK European Patent Attorneys will still be able to represent parties at the unified patent court by virtue of the provisions of Article 48(2) UPC Agreement. However, will a Brexit impact the unitary patent system coming online?
Cue the Brexit Brake? flowchart… (more…)
UPC Confirmed Locations. The UPC website was updated last week with UPC divisions that have confirmed their locations. The Court of Appeal in Luxembourg, the Nordic-Baltic Regional Division in Sweden and the four local divisions and central division in Germany are currently listed along with their addresses and some photos. (more…)
Preparatory Committee – the next meeting for the Prep Committee is scheduled for this month and the agenda is scheduled to cover some significant items including: judicial salaries, Registry rules, arbitration and the final proposal for the court fees. (Will there be any changes to the level of the opt-out fee? It will be interesting to see the updated proposal in due course.) The Rules of Procedure will require some minor tweaking to incorporate the court fees and also admin errors in the opt-out process and the Rules are due to come before the Prep Committee in April. (more…)
The always entertaining and informative Wragge Lawrence Graham & Co’s annual patents seminar was held last week and included a round-up of recent developments relating to the unitary patent and UPC. (more…)
Update (19 January 2016)
According to the website of the Council of the European Union, Finland has now deposited its instrument of ratification (on 19 January 2016) to become the ninth country to complete its ratification formalities. Finland joins Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the nine countries who have completed their ratification processes.
The unitary patent system of course requires 13 countries to ratify including the UK, France and Germany.