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Tag Archives: IPLA

Brexit and the Uncertainty Principle Conundrum (UPC)

GB+EU flagSince the result of the UK’s referendum on the EU there has been much discussion about what will happen to the unitary patent system in the period before Brexit and also once Brexit has occurred.

Prior to the EU Referendum, many articles that discussed Brexit (including on this blog) referenced the CJEU Opinion 1/09 as the basis for saying that only EU Member States could take part in the UPC Agreement. Following the EU Referendum however a number of commentators posted articles that presented potential mechanisms for the UK’s continued participation in the unitary patent project (UPP).

The future prospects for the UPC and the unitary patent project as a whole have looked somewhat uncertain following the Referendum.

Last week, an opinion (herein the “UPC Opinion”) by Richard Gordon QC and Tom Pascoe of Brick Court Chambers was published which considers the UK, Brexit and the UPP in great detail. Can the UK continue to be a part of the UPP? The short answer seems to be “yes, but…” and further detail on the opinion and the issues discussed is summarised below. (more…)

European Patent Litigation Certificate – responses to consultation

EU flagBefore the summer recess the Unified Patent Court Preparatory Committee ran a consultation on the European Patent Litigation Certificate (EPLC). Regular readers will recall that this certificate links to Article 48 of the UPC Agreement which states that parties may either be represented by lawyers authorised to practice before a court of a Contracting Member State or by European Patent Attorneys who have “appropriate qualifications such as a European Patent Litigation Certificate”.

The consultation closed on 25 July and, according to the latest Preparatory Committee roadmap, a revised version of the EPLC rules is expected early 2015. In the meantime one of our Twitter followers (thank you Guillaume S./@EPpatent) kindly pointed us at the Bristows UPC website where a few of the responses to the EPLC consultation are hosted.

Given that these responses include representatives from patent attorneys and also from lawyers we thought it might be fun to see how far apart the responses were! (more…)