Unified Patent Court Agreement Brexit

There are good legitimate arguments for each of these alternatives that cannot be verified here. From a German point of view, it would be preferable to strengthen funds in Germany as a contracting Member State, where most patent cases are by far ongoing and where there is the greatest potential in terms of the availability of experienced judges. The Commission replied on 15 July 2020 that it would welcome Germany`s swift ratification of the UPCA. It also notes that at the end of the post-Brexit transition period, the UK will not participate in the unified patent court system and the unitary patent system, as only EU Member States are free to do so. This, of course, means that there is no need to formally withdraw the ratification or end of the UPCA by the United Kingdom. Brexit means that the UK will no longer be bound by Regulation 1257/2012 of 17 December 2012 and will be associated with enhanced cooperation in the area of the creation of unitary patent protection. However, the United Kingdom also signs the UPC agreement (“UPCA”), an international treaty creating the unified patent jurisdiction (system), i.e. not the patent itself, but the judicial part of it (for example. B on violation and validity). Although the UK has not yet ratified the agreement, the question arises as to whether Brexit means that Britain can no longer be part of the UPC judiciary. Of course, Brexit will mean that the unitary patent, once it comes into force, will no longer cover Britain. A judicial system to create three central courts, including London, would therefore make no sense if a London-based court had jurisdiction over a single EU patent in which the UK is not involved. A non-EU member state cannot participate in the UPC.

This applies to Switzerland, Norway and the aftermath of Brexit, including the United Kingdom. The United Kingdom makes an important contribution to the UPC system, both in the preparatory phase and in the current phase where judges apply to become members of the “Chicken” of EU judges who, ultimately, will decide on cases pending pending against them as soon as the UP becomes a fact (which is expected to happen in spring 2017).