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UNITARY PATENT

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two...

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Theresa May triggers the process for the UK to leave the European Union

As Theresa May has now formally triggered the process for the UK to leave the European Union (EU), the two-year process of negotiations now begins. This will lead to Britain leaving the EU and will have implications for British businesses and universities and for trade relations with the EU. The Prime Minister is expected to propose a transitional period after 2019 to phase-in new arrangements.

Mrs May is expected to take the UK out of the single market but negotiate a deal that keeps close trade relations with Europe.  For example, she is expected to authorise ratification in the next few weeks of the Unified Patent Court Agreement, leaving only Germany to ratify before the new patent system begins, which is expected in December this year. 

In other news, the German government passed bills on 10 March to enact legislation implementing participation in the Unitary patent and corresponding modification of German national patent law.  One notable provision is the possibility of parallel national and European patents, in order to be able to use the possibilities offered by the new Unitary Patent and at the same time to keep open the tried and tested structures of the German court system for patent disputes.  The corresponding UK legislation has not relaxed the existing double-protection ban in the UK.

For Maucher Jenkins business will remain as usual. As Maucher Jenkins is a pan-European firm with offices in Munich, Freiburg, Basel, as well as London, Farnham, Cambridge, Edinburgh and Beijing, we are well prepared to continue to advise our clients around the world regarding IP rights within and outside the EU.



Wednesday, March 29, 2017