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CIPA Seminar: Unitary Patent and Unified Patent Court for Attorneys
The CIPA seminar series relating to the unitary patent and Unified Patent Court resumed last week with the session “Unitary Patent and Unified Patent Court for Attorneys”. This session, which was presented by Julia Gwilt, took a look at the ways in which the unitary patent system may impact the way that European Patent Attorneys will need to work.
The session provided a quick overview of the unitary patent system and then took a closer look at the procedure before the EPO (when requesting unitary effect) and the procedure before the Unified Patent Court (when requesting or withdrawing an opt-out).
We won’t cover the basics of the unitary patent system again here and readers wanting a quick recap of the system are invited to check out IPcopy’s report on the first CIPA seminar on this subject which can be found here. (more…)
UPC – still a long way to go…
On 26 April 2018, World IP Day, the UK surprised more than a few people by ratifying the UPC Agreement and in the process taking the total number of countries who have ratified the agreement to 16. The UK press release that accompanied this announcement stated “Our ratification brings the international court one step closer to reality”.
Since the ratification process only requires 13 member states, including France, Germany and the UK, to ratify then it might appear to some that German ratification is the only remaining obstacle to the unitary patent system going live.
However, IPcopy suggests that it is still too soon to be able to say if and when the system will come into force. (more…)
UPC Ratification: The UK completes its ratification formalities
According to the website of the Council of the European Union (and just about every other official IP channel), the UK deposited its instrument of ratification (on 26 April 2018) to become the 16th country to complete its ratification formalities. The UK joins Latvia, Lithuania, Estonia, Italy, the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the sixteen countries who have completed their ratification processes.
The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. However, the German Constitutional Court challenge has thrown the timescale and the long term future of the unitary patent system into doubt.
There are now enough countries to have ratified the unified patent court agreement that the system will come into effect if Germany completes its own ratification procedures and sufficient approvals to the PPA are obtained.
Mark Richardson 27 April 2018
UPC Update February 2018: UK and DE progress and the future of the UPC
The UK has now completed all its legislative steps with respect to the UPC Agreement and UPC’s Protocol on Privileges and Immunities and is in a position to ratify the UPC Agreement. However, the potential timescale of the constitutional court challenge in Germany and the remaining ratification/implementation period means, in IPcopy’s view, that the UPC system will not come into force, at least in its current configuration. (more…)
UPC ratification: Latvia completes its ratification formalities
According to the website of the Council of the European Union, Latvia has now deposited its instrument of ratification (on 11 January 2018) to become the 15th country to complete its ratification formalities. Latvia joins Lithuania, Estonia, Italy, the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the fifteen countries who have completed their ratification processes.
The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. Brexit in the UK and a court challenge in the German Federal Constitutional Court (GFCC) has put the brakes on the progress of the unitary patent system. (more…)
Is it time to bury the UPC yet?
Just before Christmas, the Preparatory Committee for the Unified Patent Court (UPC) published an online article, looking ahead into this new year. Optimistic as usual, the committee expressed to be “hopeful the New Year will bring closure to [its] endeavours and the Unified Patent Court will become a reality”. Some words were spent on the delay caused by the challenges to the German ratification of the Agreement at the German Federal Constitutional Court (GFCC), but most of the article was meant to inform the future users of the unified patent system about the provisional application of the Agreement in the months before the Court will actually start. The article included no words on Brexit and the as yet unclear future relation between the EU and the UK. (more…)
Brexit and IP – looking ahead in 2018
Following the UK’s EU referendum and the triggering of the Article 50 notification, the UK is currently scheduled to leave the European Union on 29 March 2019. Until the final arrangements between the UK and the EU are known there is widespread uncertainty in a range of areas including the intellectual property system within the UK.
For example, a particular IP related area of concern is what will happen in respect of EU Trade Marks (EUTMs) and Registered community designs (RCDs) post-Brexit. Without arrangements to the contrary it is unlikely that such EUTMs and RCDs will continue to cover the UK post-Brexit. [However, it is noted that it is completely within the UK’s ability to arrange for the implementation of an equivalent UK trade mark or design right to mirror the EU right. As such, holders of EUTMs and RCDs should expect that, even if arrangements are currently unclear, it is highly likely that the UK will announce the mechanism for continued protection in due course.]
As the UK and the EU move into the next phase of the Brexit negotiations IPcopy thought that this would be a good opportunity to recap how the referendum result impacts the IP world, what the current official announcements are and what action IP right holders can consider taking now. (more…)
The Lords consider the UPC: “Where is it?”
With the ongoing UPC related court case in Germany and the uncertainties arising due to Brexit, the preparations for the unitary patent system have, for the moment at least, something of the feel of a dead rubber match in a sporting competition.
Perhaps, once (if?) the German case allows German ratification preparations to continue and the UK has managed to make its intentions clear, the project will get up and running again. Until then any developments have, to my mind at least, the feel of going through the motions.
It was against this backdrop that the House of Lords Grand Committee met on 6 December 2017 to consider the draft Unified Patent Court (Immunities and Privileges) Order 2017. The approval of this Order by the House of Lords and its subsequent approval (along with the corresponding Scottish Order) by the Privy Council are the last pieces of the UK’s ratification process that need to be completed before the UK can formally ratify the UPC Agreement. (more…)
Patents, trade and foreign direct investment in the European Union
The EPO published a paper last week – Patents, trade and foreign direct investment in the European Union – which assessed “the impact of the European patent system on the circulation of technologies through trade and foreign direct investment in the EU single market”.
The paper contains an interesting discussion on the impact of the patent system on trade and investment, particularly in “high IP” industries such as bio-pharmaceuticals, ICT and medical device industries. However, as far as the discussion about the unitary patent system is concerned the paper glosses over or omits the challenges or drawbacks facing the unitary patent and Unified Patent Court. (more…)
Unified Patent Court: the end of the beginning or the beginning of the end?
The unitary patent and UPC are within touching distance of going live. However, recent developments in the UK and Germany potentially put the whole system at risk. So, simply put, where are we now?
When the unitary patent system first came to IPcopy’s attention we were at a conference in Brussels in December 2012 where the keynote speaker from the European Commission suggested that the system would be up and running in just over a year, i.e. Spring 2014. The reality and difficulties of setting up the unified patent court meant that the “go live” date consistently slipped further and further along. Back in August 2013 we had adjusted the expected go live date to “late 2015” and last May, a start date somewhere within 2017 was expected. (more…)