Austria became the first EU member state to ratify the Agreement on the Unified Patent Court (UPC) last month.The Agreement was signed on 19 February 2013 by the majority of EU member states. If
Austria became the first EU member state to ratify the Agreement on the Unified Patent Court (UPC) last month.
The Agreement was signed on 19 February 2013 by the majority of EU member states. If ratified by 13 EU member states, including France, Germany and the UK, the Agreement will establish a framework for pan-European patent protection in the EU, including a unified patent court system and the creation of a unitary patent right covering the majority of EU member states.
The European Commission originally envisaged that the Agreement would come into force in the first part of 2014. However, this was based on ratification by sufficient EU member states by November 2013.
The fact that Austria is the only member state to have ratified the Agreement at this point demonstrates the rather slow progress which is being made towards changing the legal landscape for European patent protection.
As regards the UK, the new Intellectual Property Bill, which was announced in the Queen's speech in May 2013, contains provisions which will enable the UK to ratify and implement the Agreement. However, the Bill is only now due for its First Reading in the House of Commons following the summer recess and it is therefore some way off receiving Royal Assent.
In the circumstances, it seems very unlikely that the UPC will open its doors for the first time before 2015.
The Agreement was signed on 19 February 2013 by the majority of EU member states. If ratified by 13 EU member states, including France, Germany and the UK, the Agreement will establish a framework for pan-European patent protection in the EU, including a unified patent court system and the creation of a unitary patent right covering the majority of EU member states.
The European Commission originally envisaged that the Agreement would come into force in the first part of 2014. However, this was based on ratification by sufficient EU member states by November 2013.
The fact that Austria is the only member state to have ratified the Agreement at this point demonstrates the rather slow progress which is being made towards changing the legal landscape for European patent protection.
As regards the UK, the new Intellectual Property Bill, which was announced in the Queen's speech in May 2013, contains provisions which will enable the UK to ratify and implement the Agreement. However, the Bill is only now due for its First Reading in the House of Commons following the summer recess and it is therefore some way off receiving Royal Assent.
In the circumstances, it seems very unlikely that the UPC will open its doors for the first time before 2015.