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Legislation and documents

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'Brexit': the effect on the Unitary Patent Regulation and the UPC Agreement

Counsel's opinion, 12 September 2016

Legislation establishing the UPC regime

Agreement on a Unified Patent Court ('UPC Agreement')
English,  FrenchGerman,   Other languages

Regulation 1257/2012 (on creation of unitary patent, 'Unitary Patent Regulation')
English,   FrenchGerman,   Other languages

Regulation 1260/2012 (on language regime)
EnglishFrenchGerman,   Other languages

Regulation 1215/2012  on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended by Regulations 542/2014 and 2015/281  (consolidated version)
(Brussels I Regulation amended to take into account the UPC)
EnglishFrenchGermanOther languages

Commission Decision 2015/1753  on confirming the participation of Italy in enhanced cooperation in the area of the creation of unitary patent protection,
30 September 2015

Preparatory Committee’s Interpretative Note on the consequences of the application of Article 83 UPC Agreement, 29 January 2014

Minutes of signing the UPC Agreement and declaration of the contracting states concerning the preparations for the coming into operation of the UPC
19 February 2013 

The UPC

Progress on ratification of the UPC Agreement

Protocol to the Agreement on a Unified Patent Court on provisional application
,1 October 2015.     Progress on signature/ratification

Protocol on Privileges and Immunities of the Unified Patent Court
29 June 2016.    Progress on signature/ratification

18th Draft Rules of Procedure of the UPC, adopted by the Preparatory Committee on 19 October 2015, including amendments agreed by the Committee on 30 June 2016, 10 October 2016 and 15 March 2017

Rules on Court fees and recoverable costs (final, subject to legal scrubbing), 25 February 2016
Guidelines for the determination of Court fees and the ceiling of recoverable costs, 25 February 2016

Revised Draft Rules on the European Patent Litigation Certificate (EPLC) and other appropriate qualifications, 23 September 2016 
and Explanatory Memorandum 

Proposal for a Code of Conduct for the UPC, 4th draft, 22 June 2016

Agreement on the establishment of a Nordic-Baltic regional division,
4 March 2014

Detailed split of subject-matter over central division sections

The unitary patent

Rules relating to Unitary Patent Protection, 15 December 2015

Rules relating to Fees for Unitary Patent Protection, 15 December 2015

Budgetary and Financial Rules, 15 December 2015

Commission slides on the benefits and cost of Unitary patent protection, 18 February 2013 

Communications from the UPC Preparatory Committee and the EPO Select Committee on implementation of the unitary patent system

Fifth progress report, 19 September 2016
Communication from the Chairmen of the Committees, 30 June 2016
Fourth progress report, 18 February 2016
Third progress report, 19 September 2014
Second progress report, 19 May 2014
First progress report , 18 November 2013 

Overview of the UPC regime 

“An enhanced European Patent System”, 2014
(endorsed by the Select Committee and Preparatory Committee)

Consultations and earlier draft documents

Rules on Court fees and recoverable costs - consultation
Public consultation on the Rules on Court fees and recoverable costs,
closed 31 July 2015.  
Responses: Business Europe, IP Federation, IPLA 
Intellectual Property Owners’ Association, The Law Society

Rules of Procedure of the UPC - comments on 15th draft, and changes made in 16th and 17th drafts
17th Draft Rules of Procedure of the UPC, 31 October 2014
(showing changes made in 16th and 17th drafts)
Changes made in 17th draft with explanatory notes 

Digest of comments made in public consultation on 15th draft with explanatory notes on changes made in 16th draft HERE

Rules on the EPLC and other appropriate qualificaions - consultation
Draft Rules on the European Patent Litigation Certificate (EPLC) and other appropriate qualifications, 13 June 2014, Explanatory memorandum
Responses to public consultation (closed 25 July 2014):
CCBE (English), CCBE (French), CIPA , EPLIT, IP Federation, IPLA 

The Preparatory Committee

Preparatory Committee roadmap, updated 16 September 2014
Preparatory Committee roadmap, 25 June 2013

Letter from Chair and Vice-chair of Preparatory Committee after first meeting, 27 March 2013

Preparatory Committee’s “Christmas message” on progress in 2013,
18 December 2013 

Setting up of the Preparatory Committee – Information from the Presidency, 8 March 2013 
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The Select Committee

Communiqués of Select Committee meetings:
20th meeting, 25 October 2015
19th meeting, 15 March 2016
18th meeting, 15 December 2015
17th meeting, 17 November 2015
16th meeting, 13 October 2015
15th meeting, 23-24 June 2015
14th meeting, 26-27 May 2015
13th meeting, 25 March 2015
11th meeting, 9 December 2014
10th meeting, 28-29 October 2014 
9th meeting, 24 June 2014
8th meeting, 26-27 May 2014
7th meeting, 26 March 2014
6th meeting, 10-11 December 2013

Select Committee work programme timeline, updated 7 March 2014

UK implementation of the UPC regime

Intellectual Property Act c.18, (section 17 provides for implementation of UPC Agreement), received Royal Assent 14 May 2014
Explanatory notes

The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016  (SI 2016/388), 12 March 2016

The Patents (Amendment) Rules 2016 (SI 2016/517), 20 April 2016

Unified Patent Court (Immunities and Privileges) Order 2017 (draft), laid before UK parliament 26 June 2017
Explanatory memorandum

Government Response to consultation on implementation of the UPC Agreement and the Unitary patent in the UK, 14 January 2016

Consultation and draft secondary legislation to introduce UPC and Unitary Patent in UK , closed 2 September 2014
Responses:  CIPA IP Federation

Research report commissioned by the UK IPO “Exploring Perspectives of the Unified Patent Court and Unitary Patent Within the Business and Legal Communities”, 10 July 2014