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Proposal to amend Brussels I Regulation rumbles on
As noted back at the end of July the European Commision adopted a Proposal (2013/0268 (COD), which can be found here) for a regulation amending the Brussels I Regulation on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Reg. No 1215/2012). This amendment is necessary to bring the Agreement on the Unified Patent Court into effect. (more…)
The Unitary Patent and the UPC – CIPA seminar 19th November 2013
Yesterday I had the pleasure of speaking at the CIPA seminar “The Unitary Patent and the UPC” with Alan Johnson of Bristows LLP and Tim Roberts. A copy of the slides for my section of the talk is enclosed below along with some links to additional information covered in the talk (the Poland Deloitte report and some views on the impact of the Scottish Referendum).
Unitary patent package – Ratification update
As noted on the Bristows website the French Senate launched, on 23 October 2013, a Bill authorising ratification of the Unified Patent Court Agreement. The Bill can be found here and contains an overview of the UPC system. The Bill has been flagged up under an accelerated procedure which presumably means France is pushing to be the first of the “required 3” countries to ratify the Agreement (the other two required countries are the UK and Germany).
The UK’s IP Bill is, of course, in the House of Commons where it is currently awaiting a date for its second reading. UK ratification is not expected until early 2015. If anyone knows the state of play in Germany then feel free to drop us a line or post a comment below!
Mark Richardson 1 November 2013
Unitary Patent Package – The Ratification Game [Updated: 12 August 2013]
[Update (12.8.13) – Austria has apparently deposited its instrument of ratification. The Info graphic and State of Play text below have been updated.]
As discussed in our Q&A post on the unitary patent package, the unified patent court agreement requires 13 or more participating member states to ratify the agreement before the unitary patent system can get up and running. Furthermore, three of those 13 member states need to be France, Germany and the United Kingdom.
We will be following the ratification process here on IPcopy but thought we’d try and do so via the medium of football and info graphics.
So, without further ado here’s the process of ratification re-imagined in the form of a (wildly stretched) football analogy. The European team “UPP United” (Unitary Patent Package) are at the ground for their match against the Rest of the World (an aim of the unitary patent system is to make the European patent system more competitive compared to the systems in the US and Japan). This being a slightly inaccurate analogy the European team will comprise 13 players (instead of the usual 11) and will form up in a 5-5-2 formation! The info graphic is below and more notes are further down the post. We hope you enjoy.
Unitary patent package – Timeline for implementation
The dolly zoom is a camera effect, famously used by Alfred Hitchcock in Vertigo, in which the background in a shot suddenly appears to change size in relation to the foreground subject matter. Those of you following the implementation of the unitary patent system may have noted that despite the main legislative regulations and agreements being in place the actual “go live” date for the system appears to be performing the legal equivalent of a dolly zoom by disappearing into the distance!
Since the original implementation date was April 2014 but is now being reported as late 2015/2016, we thought we’d take a quick look at the timeline as it appears now.
Unitary patent – The Italian Job
As previously noted on IPcopy here, Italy signed the Agreement on a Unified Patent Court back in February but were not “fully paid” up members of the unitary patent package because they hadn’t joined the enhanced cooperation regime on the unitary patent.
We have previously heard that Italy was considering joining the enhanced cooperation regime but according to a news update here some more positive noises have been heard regarding Italy becoming part of the club. (more…)
Unitary patent package – Ratification – Allons-y!
In an earlier post we noted that the French government seemed to be gearing up to be the first EU member state to ratify the Agreement on the Unified Patent Court. Now we’ve been sent (thank you @gibus) a further document that again restates France’s intention to be the first country to ratify the UPC Agreement. Does this mean that IPcopy is finally going to be able to get a player on the pitch in our over-extended and stretched “Ratification as a football match” analogy?
If anyone has further knowledge of the planned ratification timetable in France then please feel free to chime in below.
Mark Richardson 21 June 2013
Unitary patent – Presentation from LES Meeting
On the 13th June 2013, the Licensing Executives Society of Britain and Ireland held a meeting entitled “Europe’s New Unified Patent Court – for better or for worse?“. The meeting was chaired by the Rt. Hon. Professor Sir Robin Jacob and included a number of distinguished speakers associated with the world of IP: Richard Vary (Head of Litigation at Nokia), Arnaud Michel (Gide Loyrette Nouel), Alan Johnson (Bristows) and Ian Wood (Charles Russell). Oh, and me (so an 80% distinguished speaking panel then).
The meeting covered a number of aspects of the proposed Unitary Patent system (or “A European Tragedy” as Sir Robin Jacob put it). My presentation is attached below along with a brief overview of my slides.
Unified Patent Court Agreement – now with Contents section
The Agreement on a Unified Patent Court has been available for some time now (and can be found here). One thing that’s struck me as slightly odd is that the text of the agreement doesn’t apparently come with its own contents section. Maybe the idea is that the agreement should be the last thing we look at before we go to sleep and the first thing we pick up when we jump out of bed in the morning so that we know the whole document back to front…… Maybe. Alternatively, it may just be an oversight.
Well, today, ready for you to download, print off, decorate, laminate and share with your friends is the IPcopy version of the contents section of the Agreement on a Unified Patent Court. I know, I know, it’s like all your Christmases have come at once.
Contents section only can be found here.
Consolidated version of the Agreement including contents page and corrected pages is here.
Mark Richardson 22 May 2013
[Many thanks to Jodie Everett and Danielle Ménage-Jensen for their help in preparing these documents]
Bulgaria join Unified Patent Court Agreement Club
As of 5 March 2013, Bulgaria is also a signatory to the unified patent court agreement. This brings the total number of countries who have signed the agreement to 25 (out of 27). Poland and Spain remain outside the club.
IPcopy’s Ratification Game post has been updated – see here.
The Press Release is here.
Mark Richardson 6 March 2013
IPcopy 