UK takes next step in UPC plan
The UK has taken the next step in its Unified Patent Court (UPC) plan by laying out secondary legislation in Parliament today.
The Unified Patent Court (Immunities and Privileges) Order 2017 is the final legislative step in the UK’s ratification of the UPC.
Separate legislation will be laid in the Scottish Parliament in due course, according to the UK Intellectual Property Office.
“The orders implement the protocol on privileges and immunities and gives the UPC its legal personality in UK law,” said a spokesperson for the office.
Because the orders are affirmative orders they will be debated in both Houses of Parliament and will also require Privy Council approval.
Once the legislation has been passed the UK will be able to formally ratify the UPC Agreement.
Earlier in June, the UPC’s preparatory committee announced that the court would not become operational in December this year, as previously intended.
The introduction of the UPC was postponed because some countries have not yet ratified the Agreement—Germany and the UK are still to ratify the Agreement, and it requires 13 signatories (including those two countries and France) before the court can launch.
Also in June, the German Constitutional Court (Bundesverfassungsgericht) delayed the ratification of the Agreement in that country.
The court held up the process because of a constitutional complaint brought by a private person.
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