In Autumn 2013 we reported that Austria had become the first EU member state to ratify the Agreement on the Unified Patent Court (UPC Agreement). Last month France became only the second member state
In Autumn 2013 we reported that Austria had become the first EU member state to ratify the Agreement on the Unified Patent Court (UPC Agreement). Last month France became only the second member state to do so.
To recap, the UPC Agreement was signed in early 2013 by the majority of EU member states. If ratified by 13 EU member states, including France, Germany and the UK, the UPC 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 most EU member states.
Ratification – what progress?
France is one of three member states which must ratify the UPC Agreement for it to come into effect. The others are Germany and the UK.
In Germany we understand that the Federal Minister of Justice has confirmed that he plans to submit a draft law to ratify the UPC Agreement after the summer.
In the UK the aim of the government is to ratify the UPC Agreement during the current parliament (in other words, by May 2015). Before the UPC Agreement can be ratified, it must be given effect in UK law. This will involve changes to UK patent law. The Intellectual Property Bill (IP Bill) will give the government the power to implement the UPC Agreement and will enable the necessary changes to UK patent law to be made using secondary legislation. The IP Bill completed its passage through parliament last week and now awaits royal assent. Once the IP Bill receives royal assent and becomes law, the government will have the power to draw up the necessary secondary legislation to make the changes to UK patent law and implement the UPC Agreement. Once that legislation has been approved, the UK will then be in a position to formally ratify the UPC Agreement. Prior to introducing secondary legislation, however, the government has indicated that it will produce an Impact Assessment and run a public consultation on the proposed changes to UK patent law.
Of the other EU member states, we understand that Malta has approved the UPC Agreement although ratification has not yet been registered on the European Commission's tracking page. We also understand that Belgium is close to approving the UPC Agreement. Denmark will hold a referendum on 25 May 2014 to decide whether to ratify.
UPC divisions and judges
Of course, many practical aspects must be dealt with as part of introducing the new EU-wide patent regime, including the location of the courts and the training of judges.
The UPC will be split into local and regional divisional courts. A Nordic-Baltic regional division of the UPC has recently been agreed, which will comprise Estonia, Latvia, Lithuania and Sweden. Germany has also announced that it will have four local UPC divisions located in Düsseldorf, Mannheim, Munich and Hamburg. The UK will have at least one local division although the number and location of its divisions has not yet been confirmed.
As regards judges, a dedicated training centre for the UPC opened in Budapest last month and will coordinate the training for judges and candidate judges of the UPC. Practitioners and parties will of course take a keen interest in judges' relative expertise across the various divisions.
New target date for opening the UPC
Given progress to date with legal and practical preparations, the Preparatory Committee for the UPC has recalibrated its expectations as regards the opening of the UPC. Last month it announced that it does not now expect the UPC to be operational until the end of 2015 at the earliest.
To recap, the UPC Agreement was signed in early 2013 by the majority of EU member states. If ratified by 13 EU member states, including France, Germany and the UK, the UPC 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 most EU member states.
Ratification – what progress?
France is one of three member states which must ratify the UPC Agreement for it to come into effect. The others are Germany and the UK.
In Germany we understand that the Federal Minister of Justice has confirmed that he plans to submit a draft law to ratify the UPC Agreement after the summer.
In the UK the aim of the government is to ratify the UPC Agreement during the current parliament (in other words, by May 2015). Before the UPC Agreement can be ratified, it must be given effect in UK law. This will involve changes to UK patent law. The Intellectual Property Bill (IP Bill) will give the government the power to implement the UPC Agreement and will enable the necessary changes to UK patent law to be made using secondary legislation. The IP Bill completed its passage through parliament last week and now awaits royal assent. Once the IP Bill receives royal assent and becomes law, the government will have the power to draw up the necessary secondary legislation to make the changes to UK patent law and implement the UPC Agreement. Once that legislation has been approved, the UK will then be in a position to formally ratify the UPC Agreement. Prior to introducing secondary legislation, however, the government has indicated that it will produce an Impact Assessment and run a public consultation on the proposed changes to UK patent law.
Of the other EU member states, we understand that Malta has approved the UPC Agreement although ratification has not yet been registered on the European Commission's tracking page. We also understand that Belgium is close to approving the UPC Agreement. Denmark will hold a referendum on 25 May 2014 to decide whether to ratify.
UPC divisions and judges
Of course, many practical aspects must be dealt with as part of introducing the new EU-wide patent regime, including the location of the courts and the training of judges.
The UPC will be split into local and regional divisional courts. A Nordic-Baltic regional division of the UPC has recently been agreed, which will comprise Estonia, Latvia, Lithuania and Sweden. Germany has also announced that it will have four local UPC divisions located in Düsseldorf, Mannheim, Munich and Hamburg. The UK will have at least one local division although the number and location of its divisions has not yet been confirmed.
As regards judges, a dedicated training centre for the UPC opened in Budapest last month and will coordinate the training for judges and candidate judges of the UPC. Practitioners and parties will of course take a keen interest in judges' relative expertise across the various divisions.
New target date for opening the UPC
Given progress to date with legal and practical preparations, the Preparatory Committee for the UPC has recalibrated its expectations as regards the opening of the UPC. Last month it announced that it does not now expect the UPC to be operational until the end of 2015 at the earliest.