UK edges closer to UPC ratification
The UK edged closer to ratifying the Unified Patent Court (UPC) Agreement yesterday, after the Privy Council approved the draft legislation.
The approval was the penultimate step required to pass the Unified Patent Court (Immunities and Privileges) Order 2017.
In December, WIPR reported that the House of Commons had approved the motion on the order. The order was subsequently put before the House of Lords, which also passed the motion.
Following the Privy Council’s approval, the order will be moved on the floor of the Houses of Parliament next week.
“Once this legislation has been passed, the UK will be in a position to ratify the UPC Agreement. Only after this final step will the Foreign Office begin preparing documentation for ratification,” said a spokesperson for the UK Intellectual Property Office.
The UK and Germany must ratify the Agreement before the UPC can come into force.
France, whose ratification is also mandatory, has already done so.
However, the ratification of the UPC has hit a road-block in Germany, following the filing of a constitutional complaint against the court.
In January, the German Bar Association issued an opinion saying that the complaint is entirely unfounded.
The UK’s future relationship with the UPC will be the subject of negotiation when the UK leaves the EU.
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