Bifurcation between UK and Unitary Patent

Government confirms that the UK will not be a member of the Unitary Patent system 28 February 2020

"UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound by the CJEU (Court of Justice of the European Union) is inconsistent with our aims of becoming an independent self-governing nation."

This is what stated by a spokesperson at UK Prime Minister's Press Office in a communication sent yesterday to IAM, the world's leading intelligence platform for practising lawyers working in IP. This decision overturns the commitment of former May's government to join UPC and further loosens the relationship between the UK and EU.

Since the Central Division of the UPC court with responsibility for life sciences cases had been assigned to London in 2018, it will have to be moved. Furthermore, British lawyers will not be able to represent their clients at the Court.

The ratification of the UPC agreement by Germany continues to be held up by constitutional court case, and now that UK leaves the UPC too, the future of UP/UPC system is more uncertain than ever.

The European Union has the possibility to rethink the UP system which is anachronistic in many of its procedures, competitively unfair for some member States and a direct damage for the SMEs.


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