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UPC (Unified Patent Court): official withdrawal of the United Kingdom

date: 02.08.2020
Area: Intellectual Property

With notification filed on 20 July 2020 with the Secretariat of the EU Council, the United Kingdom formalised its decision to withdraw from the project for a unitary European patent and to revoke its ratification (dating back to 2018) of the Agreement establishing the Unified Patent Court (or Unified Patent Court – UPC). Amanda Solloway, Parliamentary Under-Secretary of State, stated that “In view of the United Kingdom’s withdrawal from the European Union, the United Kingdom no longer wishes to be part of the Unified Patent Court system. Participation in a court that applies EU law and is bound by the EUCJ would be incompatible with the government’s objectives of becoming an autonomous nation. The agreements have not yet entered into force. However, in order to ensure clarity regarding the status of the United Kingdom with respect to the Agreements and to facilitate their orderly entry into force for other states without the participation of the United Kingdom, the United Kingdom has chosen to withdraw its ratification of the Agreements at this time. The United Kingdom considers that its withdrawal will take immediate effect and that it will be for the remaining participating States to decide the future of the Unified Patent Court system”.

Therefore, it is currently not possible to foresee a date of entry into force of the new unitary patent system, considering that the entry into force of the Agreement establishing the SPC was subject to mandatory ratification by France, the United Kingdom and Germany, and also taking into account Order No. 20 of 13 February 2020 according to which the German Federal Constitutional Court declared the nullity of the act by which the German Parliament had approved ratification of the Agreement by Germany.

UPC (Unified Patent Court): official withdrawal of the United Kingdom

date: 02.08.2020
Area: Intellectual Property

With notification filed on 20 July 2020 with the Secretariat of the EU Council, the United Kingdom formalised its decision to withdraw from the project for a unitary European patent and to revoke its ratification (dating back to 2018) of the Agreement establishing the Unified Patent Court (or Unified Patent Court – UPC). Amanda Solloway, Parliamentary Under-Secretary of State, stated that “In view of the United Kingdom’s withdrawal from the European Union, the United Kingdom no longer wishes to be part of the Unified Patent Court system. Participation in a court that applies EU law and is bound by the EUCJ would be incompatible with the government’s objectives of becoming an autonomous nation. The agreements have not yet entered into force. However, in order to ensure clarity regarding the status of the United Kingdom with respect to the Agreements and to facilitate their orderly entry into force for other states without the participation of the United Kingdom, the United Kingdom has chosen to withdraw its ratification of the Agreements at this time. The United Kingdom considers that its withdrawal will take immediate effect and that it will be for the remaining participating States to decide the future of the Unified Patent Court system”.

Therefore, it is currently not possible to foresee a date of entry into force of the new unitary patent system, considering that the entry into force of the Agreement establishing the SPC was subject to mandatory ratification by France, the United Kingdom and Germany, and also taking into account Order No. 20 of 13 February 2020 according to which the German Federal Constitutional Court declared the nullity of the act by which the German Parliament had approved ratification of the Agreement by Germany.