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Could an Independent Scotland damage the Unitary Patent System?

125px-Flag_of_Scotland.svgI wasn’t planning on writing again on the possible impact of the Scottish Referendum on intellectual property rights unless there was a “Yes” vote. The polls however seemed to have moved recently from “probably No” to “Dave? It’s squeaky bum time”. Additionally a couple of us here at IPcopy have wondered whether a “Yes” vote (i.e. a vote to break up the UK) might have a greater impact than previously thought on the Unitary Patent Package. Essentially, we’ve been considering a Scottish variant of the Malta problem which has previously been discussed on this blog – what I’m now going to refer to as the Scottish Situation. (more…)

An introduction to the Unitary Patent

EU flagIf you don’t know your Battistelli from your Balotelli and you think the UPC Arena is the football stadium formally known as the Arnold Schwarzenegger-Stadium in Graz, Austria rather than a new European patents court then you’ve probably been spending more time on your fantasy football league than you have preparing for the Unified Patent Package. Fear not though as IPcopy has you covered with our Unitary Patent 101 blog post! (more…)

Unitary patent and Unified patent court – Conference Review (Part I)

EU flagLast week on 4 July I had the good fortune to attend the 2nd annual conference on the “Unitary patent and Unified patent court” held in Paris.

The strapline for the conference was “The Patent Revolution is ON” which was an effort  to highlight the most significant change in European patent law in 40 years or so. In reality, as many of the panelists were keen to point out, the unitary patent system represents a modification of the existing systems and should be perhaps viewed as an evolution rather than revolution.

There was a significant amount of ground covered at the one day event and many of the panelists at the conference are people who are actually involved in bringing the new patent system into being. We had judges from around Europe as well as members of the both the EPO Select Committee and the Preparatory Committee.

Given the ground covered I’m going to go session by session to highlight the issues that were discussed. (more…)

Denmark ratifies the Unified Patent Court Agreement

DenmarkflagFollowing recent posts about Sweden and Belgium depositing their instruments of ratification in Brussels (Bork! and Belgium), we understand* that Denmark has now also deposited its instrument of ratification. This information is available on the Council of the European Union website here. This news brings the total official number of countries in the unitary patent system to five (after Austria, France, Sweden and Belgium).

Denmark is expected to host a local division of the UPC in Copenhagen, with Danish and English being the languages of the proceedings.

IPcopy’s ratification infographic (see below) has been updated to reflect the news for Denmark (as we noted in earlier posts, for an answer to the question “What’s up with this infographic?“, please see the bottom of the ratification post which also contains full details about the ratification process).  (more…)

And now Belgium ratify the UPC Agreement!

BelgiumFollowing yesterday’s post about Sweden depositing its instrument of ratification in Brussels (Bork!), we were notified by reader Hans van de Heuvel that Belgium has now also deposited their instrument of ratification. This information is available on the Council of the European Union website here. This news brings the total official number of countries in the unitary patent system to four (after Austria, France and Sweden).

Next up on the list could be Denmark as this site appears to suggest they have now got Royal Assent for their UPC Act following their recent referendum.

IPcopy’s ratification infographic (see below) has been updated to reflect the news for Belgium (as we noted in yesterday’s post, for an answer to the question “What’s up with this infographic?“, please see the bottom of the ratification post which also contains full details about the ratification process).  (more…)

Bork! Sweden ratifies UPC Agreement

Bork! (Image via Max Geiger/Flickr under creative commons (link))

Bork! (Image via Max Geiger/Flickr under creative commons (click image for link))

Update  

According to the European Commission website, Sweden deposited its instrument of ratification on 5 June 2014 to become the third country to complete its ratification formalities. Sweden are involved in setting up a Nordic-Baltic regional division of the Unified Patent Court and join France and Austria as the three countries who have completed the ratification process. Belgium and Malta have ratified the agreement but not yet deposited their instruments of ratification.

IPcopy’s ratification infographic (see below) has been updated to reflect the news from Sweden (for an answer to the question “What’s up with this infographic?“, please see the bottom of the ratification post which also contains full details about the ratification process).  (more…)

Unitary Patent Package – Bits and Bobs

EU flagOur earlier post reported on a rumour of a sunrise provision for opting out from the competence of the unified patent court at the Wragge & Co on 13 March 2013. Some further news items from this seminar are below:

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UPC – The Ratification Game Update

EU shirt2As noted in an earlier post the agreement on the unified patent court (UPC) was signed by 24 member states on 19 February 2013.

Spain, Poland and Bulgaria were the three member states who did not sign the UPC agreement. Spain are sitting out of the unitary patent package  completely at present and so have not signed. Poland and Bulgaria are part of the enhanced cooperation club that the unitary regulations have been prepared under. Poland, however, has decided to take a wait-and-see approach and so did not sign the UPC agreement. Bulgaria intends to sign as soon as it has made appropriate preparations.

In light of the UPC signing ceremony the Ratification Game post has been updated along with the football info-graphic. The full post can be found here but in the meantime here’s the updated graphic.

Ratification Game 2

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