WIPR survey: Readers say May’s statement means UK leaving UPC
Readers responding to WIPR’s recent survey have agreed that UK Prime Minister Theresa May has sent a strong message that the UK will look to leave the Unified Patent Court (UPC) as part of her Brexit plan.
On January 18, WIPR reported on May’s 12-step plan that the UK government will use for negotiating Brexit terms. She said that the UK will not “seek to hold on to bits of membership as we leave”.
This sparked concerns that the UK may seek to leave the UPC after Brexit.
In November last year, Baroness Neville-Rolfe, former UK Minister of State for Intellectual Property, announced that the UK will implement the unitary patent and UPC.
On January 16, the UPC preparatory committee announced that the UPC is due to become operational in December 2017.
Responding to WIPR’s latest survey, 61% of readers agreed that May’s statement sent a strong message that the UK will leave the UPC after Brexit.
Readers had varying responses to the question.
No escaping the CJEU
“You cannot deny and accept the jurisdiction of the Court of Justice of the European Union (CJEU) at the same time,” one reader said.
One added: “There is no escaping the role of the CJEU, as was clear in the negotiations for the patent and court at the time.”
Another said: “The adherence to the UPC would imply that UK should accept the pre-eminence of the CJEU over the UK patent law, and it seems impossible in light of the statement of May.”
One reader simply said: “CJEU!”
They added: “UPC participation is conditional on the UK acceding to primacy of CJEU law. May declared that the CJEU will have no powers over UK laws after Brexit. The latter statement precludes the former, and if correct the UK will leave the UPC.”
Another reader said: “Easy: the UK (after leaving) will not accept the legal title of any judgment by any UPC outside the UK!”
One added: “Yes, it seems obvious that May will take us out of the UPC Agreement as a result of Brexit negotiations. She has reaffirmed her stance on a ‘hard’ Brexit.”
Another said that the “speech wasn’t concerned with the minutiae of the UPC".
“The statement may not have said so, but it is unlikely that the EU would let the UK remain part of the UPC after that statement,” they continued.
Another added: “Definitely not. The UK has consistently said since its post-Brexit declaration that it would ratify the UPC Agreement and that whether it stays in the UPC after Brexit is subject to negotiation.”
Waiting game
One reader argued: “May’s statement was too broad to equate to leaving UPC. However, she was explicit in the likelihood of abundant free trade opportunities and the control of immigration into UK.
“It is unlikely that the PM will solely be responsible in severing the ties with the UPC, once ratified. There are treaties to be hashed out, so it remains a waiting game.”
Another said: “The UK no longer wants to accept the CJEU and the CJEU does not want to accept the UPC for non-EU members, so it is probable that UK will have to leave the agreement.”
One added: “I suspect very few of the current statements from Theresa May or any of the other Brexiteers sends a strong message of any sort. I believe that no-one knows, and of course much can happen over the next two years.”
They continued: “Not exactly, however given its weak position in relation to the common market, it has put it on the table as a bargaining chip if needed. As the UK is ratifying the underlying laws to support the UPC, it will be unlikely they will abandon it so quickly.”
Another reader commented: “The UK is going to be looking to maintain what works for it in the system. Brexit was all about immigration, period.”
One added: “She will not submit to EU supremacy.”
For this week’s survey question, we ask: Recently, WIPR reported that US President Donald Trump was scheduling meetings to renegotiate the North American Free Trade Agreement. Is a renegotiation bad news for IP owners in the US?
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