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5 December 2016Copyright

UK Supreme Court hears government Brexit appeal

The UK Supreme Court has begun its hearing of whether parliament’s consent is required to trigger article 50 of the Lisbon Treaty.

Back in November, the English High Court ruled that parliament must vote on whether the UK can trigger the article, which will kick-start formal Brexit negotiations.

The UK government claimed it was “disappointed by the court’s judgment” and would appeal against it to the Supreme Court.

Beginning today, December 5, 11 justices will hear arguments. The hearing is expected to last four days.

According to the BBC, Lord Neuberger, the president of the Supreme Court, said that “wider political questions are not the subject of this appeal”.

“This appeal is concerned with legal issues, and, as judges, our duty is to consider those issues impartially, and to decide the case according to the law. That is what we shall do,” he said.

WIPR previously reported on the concerns of intellectual property owners following the High Court ruling.

One of these concerns was the fate of the Unified Patent Court (UPC) and unitary patent after Brexit. However, last week the UK confirmed its intention to ratify the UPC Agreement.

Over the coming months, the UK will continue with preparations for ratification and will work with the preparatory committee to bring the UPC into operation as soon as possible.

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More on this story

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3 November 2016   The English High Court ruled today that parliament must vote on whether the UK can trigger article 50 of the Lisbon Treaty, but lawyers say intellectual property owners are still uncertain about the path ahead.
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24 January 2017   The UK Supreme Court today ruled that the government cannot trigger article 50 of the Lisbon Treaty without an act of parliament.