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At the last meeting of the Preparatory Committee, the 18th draft of the Rules of Procedure of the Unified Patent Court was adopted.
This 18th draft will, subject to some modifications when the court fees have been decided, form the final version of the Rules of Procedure.
In our post last week we highlighted a story we’d seen that the UKIPO would be responsible for the opt-out register during the sunrise period for the Unified Patent Court and that this register would be transferred to the Court’s registry when the court became active.
We’d not heard of this development before so we reached out to the UPC taskforce team at the UKIPO and asked them about the sunrise period, the opt-out register and the UKIPO’s involvement. (more…)
As previously reported Italy had formally requested to join the unitary patent. We’ve now heard (thanks to ipcopyreader Giuseppe Colucci) that Italy’s request to join the system has now been processed and Italy has become the 26th member of the enhanced cooperation group on unitary patent protection (Spain and Croatia are the two EU countries missing from the club). (more…)
UK UPC Taskforce
The UK’s UPC Taskforce issued another status update last week. The next Preparatory Committee meeting is scheduled for 19 October.
The Expert Panel of the Preparatory Committee have had a presentation on the IT system and there has also been discussion of the feedback from the court fee consultation. It is also noted that a Code of Conduct is being developed for representatives and proposals for this are being developed with representatives from EPLAW, EPLIT and epi. (more…)
As highlighted in our post earlier this week the Preparatory Committee’s proposal for the rules for the European Patent Litigation Certificate were agreed at its early September meeting. These rules have now been published (here) along with an Explanatory memo (here). IPcopy has generated a tracked changes version of the latest proposal showing the changes to the rules since the consultation document (tracked changes document here).
As noted below (and in CIPA’s note sent yesterday to the profession) the proposal as agreed by the Preparatory Committee represents a great deal for the UK patent profession and a huge pat on the back is due to those at CIPA, the UKIPO and elsewhere for their efforts on this front. Based on some of the responses received to the consultation IPcopy can only presume that the CCBE and the IPLA aren’t quite so enamoured with the proposal…..hey ho. (more…)
Summer seems to be drawing to a close so it’s probably time to put the mankini away again for another year. Fear not however because we have the first post-beach update on the unitary patent and the UPC. Covered below are brief updates on Italy in the unitary patent, feedback from the UPC fees consultation, the UPC in London and highlights from the most recent update from the UK’s UPC Taskforce (including news on the EPLC). (more…)
A Bank holiday plus a torrential downpour must mean that summer’s just about over. Just in case you missed us over the last few weeks, here’s our summer round-up from mid-July through to the end of August. (more…)
According to the website of the Council of the European Union, Portugal has now deposited its instrument of ratification (on 28 August 2015) to become the eighth country to complete its ratification formalities. Portugal joins Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the eight countries who have completed their ratification processes.
Regular readers will recall that we noted last month that Portugal had ratified the UPC Agreement but had not deposited its instrument of ratification in Brussels. Now that Portugal has completed all of the formalities we have updated our ratification infographic (for an answer to the question “What’s up with this infographic?“, please see the bottom of the post!”).
Opt out fee
The regulations and agreements surrounding the unitary patent package have been picked over many times which has resulted in discussions about “hard coded bifurcation“, the Malta problem and just what the “exclusive competence” of the UPC means. To add to that list we now have the question: “Just what is the legal basis for the opt out fee?” (more…)