Date: 28 February 2020
The UK Government has put an end to the doubt over whether the UK might participate in the Unified Patent Court. The negotiating position published yesterday says the UK “will not agree to any obligations for our laws to be aligned with the EU's, or for the EU's institutions, including the Court of Justice, to have any jurisdiction in the UK.” A spokesperson for 10 Downing Street confirmed yesterday that the UK will not be seeking to participate in the UP/UPC system.
Please see here for the full statement from the Government: The Future Relationship with the EU
The system may well proceed without the UK, once the German Constitutional Court has cleared the way. Please see an update to this advice here: End for the line for the European unitary patent?
At Maucher Jenkins, our view is that it will more-or-less become a parallel system to the existing German and UK systems, giving patentees yet another forum in which to take action. This very much dilutes the benefit it is designed to bring to SMEs across Europe. Patent holders will have more choices and SMEs may come under assault from different directions.
With lawyers and patent attorneys in Munich and Freiburg as well as Irish solicitors and UK patent attorneys holding Higher Courts Litigation Certificates, we stand ready to represent clients before the UPC under Articles 48(1), 48(2) and 48(4) of the UPC Agreement, no matter what final rules are adopted defining "other qualifications" for European Patent Attorneys to appear before the Court.
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