{"id":1618,"date":"2020-05-14T22:23:30","date_gmt":"2020-05-14T22:23:30","guid":{"rendered":"https:\/\/sites.unimi.it\/translitigation\/?p=1618"},"modified":"2022-06-13T14:09:38","modified_gmt":"2022-06-13T14:09:38","slug":"the-uk-government-informs-that-it-no-longer-intends-for-the-uk-to-participate-in-the-unified-patent-court-system","status":"publish","type":"post","link":"https:\/\/sites.unimi.it\/translitigation\/the-uk-government-informs-that-it-no-longer-intends-for-the-uk-to-participate-in-the-unified-patent-court-system\/","title":{"rendered":"The UK Government informs that it no longer intends for the UK to participate in the Unified Patent Court system"},"content":{"rendered":"\n

The House of Lords EU Justice Sub-Committee, in its summary of the key issues of March 2020 issued on the 10th March 2020, wrote that “the UK Government recently informed the industry that it no longer intends for the UK to participate in the Unified Patent Court system. This is a new system, still in the process of being established, that would allow inventors to apply for a single patent that will then be recognised by all participating states. Although primarily involving European countries, the system sits largely outside of EU law and EU institutions, and so advocates in the sector had hoped participation would not be affected by Brexit. Witnesses at the Committee\u2019s evidence session on 10 March expressed their disappointment in the decision and their belief that Brexit should not need to affect the UK\u2019s participation<\/em>“. <\/p>\n\n\n\n

On the 24th March 2020, Amanda Solloway MP, Minister for Science, Research and Innovation, replied by stating that UK’s approach to Brexit’s negotiations – as set out in a document published on the 27th February 2020 – “ruled out any obligation for our laws to be aligned with the EU’s, or for the EU’s institutions to have any jurisdiction in the UK <\/em>[…] included the Court of Justice of the EU<\/em>“. Therefore, the Minister concluded that “continued participation in the Unified Patent Court would mean ceding jurisdiction over key patent disputes in the UK to a court that is bound to apply and respect the supremacy of EU law, including judgments of the CJEU. Participating in such a system would be incompatible with our overall approach to future relations with the EU that I have set out above. Consequently, the Government will not be seeking the UK\u2019s continued participation in the Unitary Patent and Unified Patent Court<\/em>“. <\/p>\n\n\n\n

However, it is not clear how the UK will be able to withdraw from the UPC agreement, which has no provisions related to such matter.<\/p>\n\n\n\n

In any case, Brexit’s Withdrawal Agreement stipulates a standstill period ending on 31 December 2020, during which EU law will still apply to the UK as far as EU trademarks, Community designs and related proceedings are concerned. Moreover, it should be keep in mind that the UK is party to the European Patent Convention, whose membership is not contitioned to EU’s one.<\/p>\n\n\n\n

Letter of the UK IP Minister on Unified Patent Court \u2013 24 March 2020<\/a> https:\/\/d1pvkxkakgv4jo.cloudfront.net\/app\/uploads\/2020\/04\/14131805\/AStoLM-UPC-240320.pdf<\/a><\/p>\n\n\n\n

Concerns by the EU Justice Committee \u2013 update on Brexit negotiation<\/a> https:\/\/publications.parliament.uk\/pa\/ld5801\/ldselect\/downloads\/EU-Justice-Sub-Committee-Summary-of-key-issues.pdf<\/a><\/p>\n\n\n\n

Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community: https:\/\/eur-lex.europa.eu\/legal-content\/EN\/TXT\/PDF\/?uri=CELEX:12019W\/TXT(02)&from=EN<\/a> (expecially artt. 54 et seq. )<\/p>\n","protected":false},"excerpt":{"rendered":"

The House of Lords EU Justice Sub-Committee, in its summary of the key issues of March 2020 issued on the 10th March 2020, wrote that “the UK Government recently informed the industry that it no longer intends for the UK to participate in the Unified Patent Court system. This is a new system, still in … <\/p>\n

Continue reading “The UK Government informs that it no longer intends for the UK to participate in the Unified Patent Court system”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":4635,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[93,100],"tags":[9,3],"_links":{"self":[{"href":"https:\/\/sites.unimi.it\/translitigation\/wp-json\/wp\/v2\/posts\/1618"}],"collection":[{"href":"https:\/\/sites.unimi.it\/translitigation\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/sites.unimi.it\/translitigation\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/sites.unimi.it\/translitigation\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/sites.unimi.it\/translitigation\/wp-json\/wp\/v2\/comments?post=1618"}],"version-history":[{"count":1,"href":"https:\/\/sites.unimi.it\/translitigation\/wp-json\/wp\/v2\/posts\/1618\/revisions"}],"predecessor-version":[{"id":5288,"href":"https:\/\/sites.unimi.it\/translitigation\/wp-json\/wp\/v2\/posts\/1618\/revisions\/5288"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/sites.unimi.it\/translitigation\/wp-json\/wp\/v2\/media\/4635"}],"wp:attachment":[{"href":"https:\/\/sites.unimi.it\/translitigation\/wp-json\/wp\/v2\/media?parent=1618"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/sites.unimi.it\/translitigation\/wp-json\/wp\/v2\/categories?post=1618"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/sites.unimi.it\/translitigation\/wp-json\/wp\/v2\/tags?post=1618"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}