UK ratifies UPC Agreement
The UK ratified the Unified Patent Court (UPC) Agreement earlier today.
Sam Gyimah, minister for IP, confirmed the ratification, which brings the court one step closer to implementation.
The UPC will have jurisdiction over patent disputes across its contracting states, delivering a single judgment in cross-border disputes.
In early February, WIPR reported that the UK had edged closer to ratifying the UPC Agreement, after the Privy Council approved the draft legislation.
Gyimah said: “Ratification of this important agreement demonstrates that internationally, as well as at home, the UK is committed to strong IP protections. This will help to foster innovation and creativity, bringing our modern and ambitious Industrial Strategy to life.”
However, Germany, which has to ratify the UPC for it to come into effect, may still prove a stumbling block to its implementation.
Germany’s Constitutional Court (Bundesverfassungsgericht) is scheduled to hear a constitutional complaint over the UPC which questions the democratic accountability of the regulatory powers overseeing the UPC’s operation and the independence of the judiciary.
In March, German members of parliament debated a motion to repeal legislation which allows Germany to ratify the UPC Agreement, after far-right political party Alternative for Germany called for the re-debate and repeal of the laws.
The UK and France are the other two states that must ratify the UPC. Both have now ratified.
Stephen Jones, president of CIPA, welcomed the decision.
He added: “The UPC has the potential to benefit businesses by streamlining the process of enforcing patents. CIPA believes that the UPC will be a better system with UK involvement.”
Jones explained that the UPC Agreement is not an EU instrument so it is an initiative in which the UK is “able to play a full part” despite Brexit.
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