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21 September 2016Patents

AIPPI 2016: Nokia says UK’s UPC ratification very unlikely, for now

The UK’s ratification of the Unified Patent Court (UPC) Agreement is politically “very unlikely” at the moment, according to Nokia’s head of European litigation Clemens Heusch.

He was speaking in a session yesterday, September 20, at the 2016 AIPPI World Congress in Milan about the implications of Brexit on the UPC.

Heusch said that instead, negotiations were likely to play out over two years once article 50 of the Lisbon Treaty has been invoked.

Commenting on the negotiations, Heusch said it was essential for the UK to stay in the common market or some form of free trade agreement, so the talks will be a great chance to include the UPC.

He added that there was still legal uncertainty about the UK’s involvement in the UPC once Brexit becomes effective.

That was despite Margot Fröhlinger, principal director of patent law and multilateral affairs at the European Patent Office, earlier saying it would be legally possible for the UK to join the UPC despite Brexit.

The session also heard from Thierry Sueur, vice-president, intellectual property at Air Liquide, a French industrial gases and services provider.

Despite the Brexit vote, he said patent lawyers and CEOs still strongly believe that a unitary patent and UPC are needed for encouraging innovation and economic growth—and “the fact that the UK is going doesn’t change that”.

He did admit the perspective is more nuanced, with most stakeholders believing the system will be stronger with the UK, because of a bigger market for unitary patents and the inclusion of quality judges and attorneys, so other member states should make a strong effort to include the UK.

However, he said that depends on several factors, including whether it would be legally possible (“apparently it is”) and “whether the British want it—so far nobody in the UK has been asking, we need some answers, and the answers should come now”.

The 2016 AIPPI World Congress ended yesterday.

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