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Unified Patent Court – June 2016 Update
The first update in a while popped into IPcopy’s inbox today from the UK’S UPC Taskforce. This looks like it may be the last such official update for a few weeks as the UK will be “going dark” in the period before the EU Referendum. (Hopefully the first communication after the restart won’t begin “EU Referendum Result – Oops. The rest of you can take it from here, right?”!)
Anyway, back to the main news: (more…)
“Pretty bad to very very bad” – Brexit and the UPC discussed at the CIPA Symposium
Newspapers reported last week that Christine Lagarde, the head of the IMF, regarded a vote to leave the EU as having “pretty bad to very, very bad consequences” for the UK. This view was echoed by four of the five panelists at the CIPA/IP Centrum Brexit Symposium on Thursday 12 May. The symposium, hosted by Gwilym Roberts, included a contribution from Kevin Mooney who has been heavily involved in preparations for the (hopefully) upcoming unitary patent system.
In this post IPcopy will take a look at the implications for the unitary patent system in the event of a vote to leave the EU. (more…)
Want to be a Judge at the UPC? Recruitment now open
The unitary patent system is moving towards launch with most people anticipating the start of operations to occur at some point next year. The Unified Patent Court is to comprise a registry, Court of First Instance and a Court of Appeal. The Court of First Instance will have a central division based in Paris, with sections in London and Munich, and a number of local and regional divisions spread through the Contracting Member States. The Court of Appeal will be in Luxembourg.
A court needs judges though and the UPC is now looking for applicants to recruit as both the legally qualified and technically qualified judges. The recruitment process is now open and the closing date is just under two months away on 4 July 2016. Vacancy notices can be found here (EN, FR, DE). (more…)
Unified Patent Court – April 2016 Update
Today we have an update on progress towards the unitary patent and the implementation of the UPC.
The Preparatory Committee met last week in Luxembourg to discuss a number of matters including the recruitment package for judicial appointments. Adverts for UPC judges should begin to appear from early next month. It is noted that UPC First Instance judges are to be paid in the region of 132,000 Euros per year and Court of Appeal judges will receive 144,000 Euros per year.
The Committee also discussed a draft code of conduct for practitioners. This code of conduct, which is not yet available for review, is expected to be signed towards the end of May. (more…)
UPC and the computer software interoperability exception to infringement
As noted recently the Secondary Legislation Scrutiny Committee has been considering the secondary legislation being used to bring the UPC system into effect in the UK. Of interest in their report is the additional clarifications received in respect of the inclusion of the infringement exception at Article 27(k) of the UPC Agreement into UK law, the computer program exception.
The Committee’s report details comments raised on the draft Order from Baroness Bowles of Berkhamstead including comments relating to the computer program exception. The Committee had put the Baroness’ concerns to the Department for Business, Innovation and Skills (BIS). The full reply from BIS can be found in the Appendix to the Report. (more…)
UK UPC Ratification Progress
The draft “The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016” made its way through debate and approval in both the House of Commons and the House of Lords recently. This gets the UK that little bit closer to being in a position to ratify the UPC Agreement*. (more…)
UPC – Rules of the court fees and recoverable costs
The Preparatory Committee released the agreed rules relating to UPC court fees last week. The main reported piece of news relating to the publication of the fees seems to have been the removal of the 80 Euro opt-out (and withdrawal of opt-out) fee. However, there are a number of other changes in the rules which are summarised below. For reference the Rules document can be found here and the Guidelines for the determination of Court fees and the ceiling of recoverable costs of the successful party can be found here. (more…)
UPC updates – No Opt-out fee for the UPC & more news
A selection of UPC updates on various issues including the latest Preparatory Committee meeting, ratification updates in the UK and Germany and a look at the Case Management System. (more…)
Unitary Patent & the Brexit Brake
The EU Referendum is now set for 23 June 2016. Welcome to four months of speculation. Will it be NoGo or BoGo?
While watching Boris do his bit for party unity on Sunday, IPcopy started wondering what a Brexit would do to the implementation of the unitary patent system. As previously discussed on this blog, if the UK exits the EU then UK European Patent Attorneys will still be able to represent parties at the unified patent court by virtue of the provisions of Article 48(2) UPC Agreement. However, will a Brexit impact the unitary patent system coming online?
Cue the Brexit Brake? flowchart… (more…)
UPC – Court locations, IPReg guidance note and Case Management System
UPC Confirmed Locations. The UPC website was updated last week with UPC divisions that have confirmed their locations. The Court of Appeal in Luxembourg, the Nordic-Baltic Regional Division in Sweden and the four local divisions and central division in Germany are currently listed along with their addresses and some photos. (more…)