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Italy ready to ratify the UPC Protocol on Privileges and Immunities

18 January 2018

Gregory Bacon

Law 4 December 2017, n. 201, which authorises Italy’s President to ratify the Protocol on Privileges and Immunities (PPI) of the Unified Patent Court, came into force on 24 December 2017, having been published in the Gazetta Ufficiale the previ... Read more

UK IP organisations request government action on IP (including the UPC) in light of Brexit

4 January 2018

Edward Nodder

The IP Federation has today reported here that a note Intellectual Property (IP) law and Brexit, Summary of main requests for the UK government was sent on 22 December 2017 by the Law Society (the representative body for solicitors in England an... Read more

France ready to ratify the UPC Protocol on Privileges and Immunities

4 January 2018

Liz Cohen

Law 2017-1840 of 30 December 2017 authorising the ratification of the Protocol on the Privileges and Immunities of the Unified Patent Court is now in force, having been published in France’s Official Journal on 31 December 2017 here.&... Read more

Belgian law amending national law to implement UPC system now published

4 January 2018

Gregory Bacon

Following its adoption by the Belgian parliament on 14 December 2017, a Law amending certain provisions relating to patents in national law was promulgated by publication in Belgium’s Moniteur Belge on 28 December (here).  The Law amends T... Read more

UPC IT Working Group reports on progress

28 December 2017

Luke Maunder

On 22 December 2017, Dario Pizzolante, the Coordinator of the IT Working Group, reported by email on its work on establishing the Unified Patent Court (UPC) IT system.  Developments in 2017 included the release of the sunrise version of the test... Read more

An update from the UPC Preparatory Committee’s Chair

22 December 2017

Myles Jelf

The Preparatory Committee of the Unified Patent Court (UPC) has published yesterday on its website Summing up and Looking Forward to 2018 by its Chair, Alexander Ramsay. After noting that the case pending in the German Federal Constitutional Court me... Read more

Belgian parliament adopts legislation to implement UPC Agreement provisions into national law

21 December 2017

Gregory Bacon

On 14 December 2017, the Belgian Chamber of Representatives (the lower chamber of the Belgian Federal Parliament) adopted draft legislation introducing amendments to Title I of Book XI of the Code of Economic Law aimed at harmonising Belgian legislat... Read more

French parliament adopts legislation to ratify UPC Protocol on Privileges and Immunities

20 December 2017

Liz Cohen

This afternoon, the French Senate adopted the bill authorising ratification of the Protocol on Privileges and Immunities (PPI) of the Unified Patent Court (UPC).  As reported here, the French National Assembly (Parliament’s other chamber) ... Read more

UK’s Privy Council approves draft UPC Order

14 December 2017

Fiona Nicolson

Yesterday, the Privy Council approved the draft Scottish Statutory Instrument (The International Organisations (Immunities and Privileges) (Scotland) Amendment (No. 2) Order 2017), which will confer certain devolved privileges and immunities on the U... Read more

France and Luxembourg move towards ratification of UPC’s Protocol on Privileges and Immunities

12 December 2017

Liz Cohen

Although France and Luxembourg ratified the Unified Patent Court (UPC) Agreement in 2014 and 2015 respectively, they have not yet ratified the UPC’s Protocol on Privileges and Immunities (PPI).  However, draft legislation to authorise rati... Read more

House of Lords approves draft UK UPC legislation

12 December 2017

Alan Johnson

The House of Lords has today approved the draft Unified Patent Court (Immunities and Privileges) Order 2017 . Because the Grand Committee had already considered this draft Statutory Instrument (SI) (reported here), the motion to approve it ... Read more

House of Lords Grand Committee approves draft UK UPC legislation

6 December 2017

Alan Johnson

The House of Lords Grand Committee has today considered the draft Unified Patent Court (Immunities and Privileges) Order 2017  and this draft Statutory Instrument (SI) will now be voted on by the House (with no debate). The draft SI was one... Read more

House of Commons approves draft UK UPC legislation

5 December 2017

Alan Johnson

The UK Parliament has reported here that the House of Commons approved the draft Unified Patent Court (Immunities and Privileges) Order 2017 yesterday.  As reported here, this draft Order must also be approved by the House of Lords and... Read more

Belgian parliament considers draft legislation implementing UPC Agreement provisions into national law

1 December 2017

Gregory Bacon

On 6 November 2017, the Belgian government submitted to the Chamber of Representatives (the lower chamber of the Belgian Federal Parliament) a ‘Bill amending various patent provisions in relation to the implementation of the unitary patent and ... Read more

Draft UPC legislation continues progress in UK Parliament

30 November 2017

Alan Johnson

The draft Unified Patent Court (Immunities and Privileges) Order 2017  (explanatory memorandum here), one of the two remaining pieces of draft legislation which must be passed before the UK can ratify the Unified Patent Court (UPC) Agreement, wa... Read more

Italian parliament approves bill to ratify Protocol on Privileges and Immunities of the UPC

24 November 2017

Gregory Bacon

On 22 November 2017, the Italian Chamber of Deputies approved the bill on ratification and enforcement of the Protocol on the Privileges and Immunities of the Unified Patent Court (UPC).  The bill had been issued and approved by the Senate (the ... Read more

Presidency of EU Council publishes update on member states’ ratification of UPC Agreement

23 November 2017

Edward Nodder

The Presidency of the Council of the EU has published here a summary of the situation in the 25 member states which have signed the Unified Patent Court Agreement (UPCA) regarding both their ratification of the UPCA and their consent to be bound by i... Read more

UK House of Commons committee to consider draft UPC legislation next week

22 November 2017

Robert Burrows

Following our recent report on the final steps required to pass the two remaining pieces of draft legislation which will enable the UK to ratify the Unified Patent Court (UPC) Agreement,  the UK Parliament has published here that the House of Co... Read more

EPO reports on unitary patent preparations

15 November 2017

Greg Bacon

The EPO has recently published the Select Committee’s report of its 22nd meeting held on 9 October 2017.  The Committee focused on the preparation of financial aspects of the unitary patent, but was also presented with an overview of the i... Read more

Latvia passes law to participate in UPC regional division

8 November 2017

Andrew Bowler

The law enabling Latvia to approve the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court (UPC) has today received Presidential assent, having been passed by the Saeima (Latvia’s unicameral parliamen... Read more

Draft UPC legislation progresses in UK Parliament

7 November 2017

Dominic Adair

The House of Lords and House of Commons Joint Committee on Statutory Instruments (JCSI) has reported here that in its meeting on 1 November 2017 it considered the draft The Unified Patent Court (Immunities and Privileges) Order 2017 and decided not t... Read more

Parliament agrees membership of committee which will consider UK UPC legislation

31 October 2017

Dominic Adair

The final piece of draft secondary legislation that must be passed before the UK can ratify the Unified Patent Court (UPC) Agreement is The Unified Patent Court (Immunities and Privileges) Order 2017, which is subject to the ‘affirmative proced... Read more

Scottish Parliament approves draft UPC legislation

26 October 2017

Fiona Nicolson

The Scottish Parliament yesterday approved the draft Scottish Statutory Instrument (The International Organisations (Immunities and Privileges) (Scotland) Amendment (No. 2) Order 2017) which will confer certain devolved privileges and immunities on t... Read more

German constitutional court extends deadline for comments in UPC case

20 October 2017

Richard Pinckney

The latest news in the challenge in the Federal Constitutional Court of Germany (Bundesverfassungsgericht, BVerfG) to the constitutionality of the German legislation enabling the ratification of the Agreement on a Unified Patent Court (UPC) is that t... Read more

EU consultation on SPCs and research exemptions considers unitary patent/UPC system

19 October 2017

Laura Reynolds

On 12 October 2017, the European Commission launched a public consultation on supplementary protection certificates (SPCs) and patent research exemptions in the pharmaceutical sector (and other sectors with regulatory market authorisations).  Th... Read more

Draft UPC legislation reaches final stage in Scottish parliamentary process

18 October 2017

Gemma Barrett

Following its meeting on 26 September 2017 (reported here), the Scottish Parliament’s Justice Committee has reported to the Parliament that it recommends approval of the draft Statutory Instrument which will confer certain devolved privileges a... Read more

New version of UPC CMS test site

3 October 2017

Luke Maunder

The Unified Patent Court (UPC) IT Team has announced that on 9 October 2017 there will be a new version of the test site of the UPC Case Management System (CMS).  This new version will include the ability to perform mock applications for opt-out... Read more

Timing of Ireland’s referendum on UPC participation still unclear

27 September 2017

Andrew Bowler

The Republic of Ireland’s participation in the Unified Patent Court (UPC) would require an amendment to the Constitution and any amendment to the Constitution must be approved in a referendum, and such a referendum is among several planned by t... Read more

Draft UPC legislation continues progress in Scottish Parliament

26 September 2017

Fiona Nicolson

The Scottish Parliament’s Justice Committee has today considered the draft Statutory Instrument (The International Organisations (Immunities and Privileges) (Scotland) Amendment (No. 2) Order 2017) which will confer certain devolved privileges ... Read more

An update from the UPC Preparatory Committee

21 September 2017

Myles Jelf

The Preparatory Committee of the Unified Patent Court (UPC) has today published a short update, in which it notes that the pending case in the German Federal Constitutional Court will cause delay to Germany’s ratification of the UPC Agreement (... Read more

Draft UPC legislation progresses in Scottish Parliament

20 September 2017

Fiona Nicolson

In its meeting yesterday, the Scottish Parliament’s Delegated Powers and Law Reform Committee (DPLR) scrutinised the draft Statutory Instrument (The International Organisations (Immunities and Privileges) (Scotland) Amendment (No. 2) Order 2017... Read more

Bulgaria signs UPC Provisional Application Protocol

12 September 2017

Robert Burrows

Yesterday, 11 September 2017, Bulgaria signed the Protocol on Provisional Application of the Agreement on a Unified Patent Court (PPA), and its signature has now been recorded with the General Secretariat of the EU Council.  As reported here, th... Read more

Update on German constitutional challenge to UPC legislation

6 September 2017

Annsley Merelle Ward

Although, as reported here, the Federal Constitutional Court of Germany (Bundesverfassungsgericht, BVerfG) recently provided information on the grounds of the pending challenge to the constitutionality of the German legislation enabling the ratificat... Read more

Draft UPC legislation laid in Scottish Parliament

5 September 2017

Fiona Nicolson

A draft Statutory Instrument (The International Organisations (Immunities and Privileges) (Scotland) Amendment (No. 2) Order 2017) has been laid before the Scottish Parliament.   This Order will amend the International Organisations (Immuni... Read more

Hungarian Constitutional Court to answer questions on ratification of UPC Agreement

5 September 2017

Edward Nodder

On 18 July 2017, the Hungarian Minister of Justice, acting on behalf of the government, filed a motion with the Constitutional Court of Hungary (No. X / 01514/2017) requesting the Court’s opinion on the compatibility of the UPC Agreement (UPCA)... Read more

Lithuania deposits its instrument of ratification of the UPC Agreement

29 August 2017

Myles Jelf

The Council of the EU has recorded here that Lithuania deposited its instrument of ratification of the Unified Patent Court Agreement (UPCA) with the Council’s General Secretariat on 24 August 2017.   Lithuania’s law ratify... Read more

EPO publishes Unitary Patent Guide

18 August 2017

Luke Maunder

The European Patent Office (EPO) today published a ‘Unitary Patent Guide’, a 40-page document intended to provide prospective users of the new system with an outline of the procedure to obtain unitary patent protection once the EPO has de... Read more

Further details on the German constitutional challenge to UPC legislation

17 August 2017

Edward Nodder

Today, new details emerged regarding the grounds of the pending challenge to the constitutionality of the German legislation enabling the ratification of the Agreement on a Unified Patent Court (UPC).  As previously reported, an unnamed private ... Read more

Athens Bar Association calls for further consultation on UPC legislation

7 August 2017

Dominic Adair

On 4 August 2017, the Athens Bar Association published a letter to the Greek Minister of Economy requesting a delay in Greece’s ratification of the Agreement on a Unified Patent Court (UPCA).  The letter claims that the government should h... Read more

Bulgaria to sign UPC Provisional Application Protocol

7 August 2017

Robert Burrows

At its meeting on 2 August 2017, the Council of Ministers of Bulgaria approved the text of the Protocol on Provisional Application of the Agreement on a Unified Patent Court (PPA), and authorised Bulgaria’s permanent representation in Brussels ... Read more

Estonia deposits its instrument of ratification of the UPC Agreement

2 August 2017

Liz Cohen

Estonia deposited its instrument of ratification of the Unified Patent Court Agreement (UPCA) with the General Secretariat of the Council of the EU yesterday.   Estonia’s legislation ratifying the UPCA came into force on 26 June ... Read more

Estonia notifies its consent to start of UPC provisional application phase

20 July 2017

Liz Cohen

Estonia’s consent to be bound by the provisional application of the Unified Patent Court Agreement (UPCA) has today been reported by the EU Council Secretariat (the UPC ‘depositary’).  As reported here, Estonia’s leg... Read more

UPC IT team calls for information on CMS integration

18 July 2017

Luke Maunder

The Unified Patent Court (UPC) IT team is seeking information on how users who intend to integrate IT systems with the UPC Case Management System (CMS) propose to do so.  The request is published here and was also emailed to those registered to ... Read more

Relocation of London section of UPC central division after Brexit?

13 July 2017

Alan Johnson

Speaking at a preview of the next round of Brexit talks, Michel Barnier, the EU’s chief Brexit negotiator, and Commissioner for Internal Market and Services in charge of the Unified Patent Court (UPC) dossier at the time of signature in 2013 of... Read more

Milestone in UPC CMS development

11 July 2017

Luke Maunder

The Unified Patent Court (UPC) IT team has announced here that from August 2017 until the opening of the Court, users will have access to a stable version of the UPC Case Management System.  At that time, the development cycle will move from the... Read more

UK notifies its consent to start of UPC provisional application phase

7 July 2017

Brian Cordery

The UK has informed the General Secretariat of the Council of the EU (the ‘depositary’) that it has parliamentary approval to ratify the Unified Patent Court Agreement (UPCA).  Therefore, the UK has now completed the procedure s... Read more

German UPC challenge statistically likely to fail

7 July 2017

Lisa Schneider (Rechtsreferendarin seconded to Bristows)

When assessing the prospects of success of any individual legal action, it is generally speaking relatively meaningless to consider the fate of equivalent cases.  However, in the absence of any other information, there are few (if any) alternati... Read more

Clarification of UPC opt-out process

6 July 2017

Luke Maunder

The IP Federation has published here Alexander Ramsay’s reply to its letter seeking clarification of the UPC opt-out process. (As reported here, the IP Federation, which represents the views of UK industry in IP matters, had written to Mr Ramsa... Read more

UPC timings update from Dr Margot Fröhlinger

6 July 2017

Alan Johnson

Giving a keynote address at a conference on the unitary patent and Unified Patent Court (UPC) system held at the EPO in Munich yesterday, Dr Margot Fröhlinger (Principal Director for Unitary Patent, European and International Legal Affairs ... Read more

Ireland’s referendum on joining UPC may be held in 2018

6 July 2017

Andrew Bowler

Leo Varadkar, who has recently taken office as the Republic of Ireland’s Taoiseach (prime minister), has suggested that several referendums promised by the government may be held on the same day, possibly in the first half of 2018.  One pr... Read more

New release of UPC Case Management System

5 July 2017

Luke Maunder

The Unified Patent Court (UPC) IT Team announced today a new release of the Case Management System (CMS) beta test site.  The updates are mainly of a fine-tuning/tidying-up nature.  For example, there have been minor changes in the opt-out ... Read more

Estonia and Slovenia continue preparations to participate in UPC

5 July 2017

Liz Cohen

Estonia and Slovenia have each almost completed the steps required for participation in the unitary patent and Unified Patent Court (UPC) system, with further developments this week: on 4 July Estonia’s Act amending national patent and other la... Read more

Message on UPC timetable from Preparatory Committee’s Chairman

27 June 2017

Richard Pinckney

The Preparatory Committee of the Unified Patent Court (UPC) has today published a message from its Chairman, Alexander Ramsay.  After reporting on recent progress in several countries towards ratifying the UPC Agreement and participating in its ... Read more

Slovenia signs UPC Protocol on Privileges and Immunities

27 June 2017

Liz Cohen

The Council of the EU has recorded here that Slovenia signed the Protocol on Privileges and Immunities (PPI) of the Unified Patent Court (UPC) on 23 June 2017.  As reported here, Slovenia is planning to host a local division of the UPC, and also... Read more

UK resumes its UPC legislative process

26 June 2017

Dominic Adair

A draft of the remaining piece of secondary legislation required to enable the UK to ratify the UPC Agreement was published today: The Unified Patent Court (Immunities and Privileges) Order 2017 (with explanatory memorandum) was laid before the UK Pa... Read more

Estonia moves towards UPC ratification

22 June 2017

James Boon

Since our report a week ago, further progress has been made on Estonia’s two laws enabling it to participate in the Unified Patent Court (UPC) and unitary patent system.  First, the law authorising ratification of the UPC Agreement (UPCA) ... Read more

Slovenia makes arrangements to sign UPC Protocol on Privileges and Immunities

15 June 2017

Liz Cohen

Yesterday, the Slovenian National Assembly’s Committee on Foreign Affairs approved (here) an initiative submitted by the government to sign the Protocol on Privileges and Immunities of the Unified Patent Court (UPC). The proposal, originating f... Read more

IP Federation seeks clarification of UPC opt-out process

15 June 2017

Luke Maunder

The IP Federation (which represents the views of UK industry in IP matters) has reported that it has written to Alexander Ramsay, chair of the Preparatory Committee of the Unified Patent Court (UPC), expressing concern about the current lack of clari... Read more

Estonian UPC legislative process nears completion

14 June 2017

James Boon

Progress was made today on Estonia’s two pieces of legislation enabling it to participate in the Unified Patent Court (UPC) and unitary patent system.  First, the Estonian President signed the law authorising ratification of the UPC Agreem... Read more

German Constitutional Court puts ratification of the UPC Agreement on hold

13 June 2017

Manuel Rey-Alvite Villar and Lisa Schneider (Rechtsreferendarin seconded to Bristows)

Reports published in the last 24 hours suggest that the Federal Constitutional Court of Germany (Bundesverfassungsgericht, BVerfG) has requested the Office of the President of the Republic to temporarily refrain from signing and submitting for public... Read more

Estonia passes legislation to ratify the UPC Agreement and consents to its provisional application

9 June 2017

James Boon

Yesterday, the Riigikogu (Estonian parliament) adopted draft legislation (docket here) to enable ratification of the Agreements establishing the Unified Patent Court (UPC) and its Nordic-Baltic Regional Division (which Estonia will share with Sweden,... Read more

UPC Preparatory Committee announces changes to UPC timetable

7 June 2017

Edward Nodder

Today, the Preparatory Committee of the Unified Patent Court (UPC) published a statement (here) announcing that the timetable for the start of the UPC Agreement provisional application period and target date for entry into operation of the UPC, envis... Read more

Bundesrat passes Germany’s UPC privileges and immunities legislation

2 June 2017

Gemma Barrett

On 2 June 2017 the Bundesrat (Federal Council) approved the draft law to enable Germany to ratify the Protocol on Privileges and Immunities of the Unified Patent Court (PPI).  The PPI will give legal personality to the UPC and provide the Court ... Read more

Estonian draft UPC legislation progresses in parliament

1 June 2017

James Boon

Draft legislation to enable Estonia to participate in the Unified Patent Court (UPC) and unitary patent system and also in the UPC’s Nordic-Baltic regional division (with Sweden, Latvia and Lithuania) was discussed yesterday in its first r... Read more

Bundesrat expected to pass Germany’s UPC privileges and immunities legislation this week

31 May 2017

Gemma Barrett

As reported here, on 26 April 2017 the Bundestag (German parliament) approved the draft law to enable Germany to ratify the Protocol on Privileges and Immunities of the Unified Patent Court (PPI) and it was expected that the Bundesrat (Federal Counci... Read more

EU Competitiveness Council discusses UPC

30 May 2017

Alan Johnson

In its meeting yesterday, the EU Competitiveness Council discussed the status of the implementation of the unitary patent and Unified Patent Court (UPC) system.  In the press conference here, Commissioner Bieńkowska reported that steps still nee... Read more

UPC Case Management System (“CMS”) and Article 48 Representatives

24 May 2017

Luke Maunder

Following the latest update to the beta CMS (reported here), there is a new entry in the applications list, namely the “Application for registration as a Representative before the UPC – Article 48 of the Agreement on a Unified Patent Cour... Read more

US Supreme Court ruling has potential to attract patent litigation to Europe

22 May 2017

Annsley Merelle Ward

Today the US Supreme Court unanimously put limits on where patentees can commence patent infringement proceedings in the US.  In the case, TC Heartland challenged Kraft Heinz's decision to commence patent infringement proceedings a... Read more

Estonian draft UPC legislation enters parliament

9 May 2017

James Boon

On 2 May 2017, the Estonian government submitted two bills to the Riigikogu (Estonian parliament) containing draft legislation to enable Estonia to participate in the Unified Patent Court (UPC) and unitary patent system and also in the UPC’s No... Read more

UPC Beta Case Management System update

9 May 2017

Luke Maunder

The beta version of the CMS of the Unified Patent Court has undergone a recent update. In particular, the opt out application process has been overhauled to bring it closer to the latest version of the Rules of Procedure (reported here), reflecting a... Read more

German parliament passes UPC privileges and immunities legislation

27 April 2017

Gemma Barrett

The draft law (bill 18/11238) to enable Germany to ratify the Protocol on Privileges and Immunities of the Unified Patent Court (PPI) received its final reading in the Bundestag (parliament) today and was approved in the final vote.  The PPI wil... Read more

Belgium issues new Declaration of provisional application of UPC Agreement

27 April 2017

Dominic Adair

As reported here, Belgium recently issued a Declaration that it would apply on a provisional basis from 15 May 2017 certain Articles of the Unified Patent Court (UPC) Agreement but two Articles were erroneously omitted from the list. Belgium has now ... Read more

German parliament to vote on UPC privileges and immunities legislation

20 April 2017

Gemma Barrett

The draft law (bill 18/11238) to enable Germany to ratify the Protocol on Privileges and Immunities of the Unified Patent Court (PPI) is listed for its final reading and vote in the Bundestag (parliament) on 27 April 2017.  As stated by the Bund... Read more

Latvia’s law to ratify UPC Agreement to enter into force on 1 January 2018

13 April 2017

Andrew Bowler

The law enabling Latvia to ratify the Unified Patent Court (UPC) Agreement was adopted by the Saeima (Latvia’s unicameral parliament) in its third reading on 30 March 2017 and yesterday received Presidential assent here.  However, this fin... Read more

Recent amendments to the UPC Rules of Procedure

12 April 2017

Laura von Hertzen

The version of the 18th draft of the Rules of Procedure of the Unified Patent Court (UPC) published on 10 April 2017 includes the amendments agreed by the Preparatory Committee in its meeting on 10 October 2016 and in its final meeting on 15 March 20... Read more

UPC Rules of Procedure published

10 April 2017

Robert Burrows

The latest version of the Unified Patent Court (UPC) Rules of Procedure has been published on the News section of the UPC Preparatory Committee website. Although the document is entitled the 18th draft of 19 Oct 2015, the text has been revised by the... Read more

Germany’s UPC privileges and immunities legislation progresses

6 April 2017

Richard Pinckney

Although, as reported here, the laws authorising Germany to ratify the Unified Patent Court (UPC) Agreement and to amend the national patent law have been approved by the Bundestag (parliament) and the Bundesrat (Federal Council), the draft law (bill... Read more

UK confirms it is on track to meet UPC timetable

5 April 2017

Liz Cohen

The UK IPO has confirmed that the government’s preparations for ratification of the Unified Patent Court (UPC) Agreement are “fully on track” to allow the provisional application phase to start in May and the Court to open in Decemb... Read more

Bundesrat approves German UPC laws

3 April 2017

Richard Pinckney

Following approval by the Bundestag (Germany’s parliament) on 9 March 2017, the Bundesrat (Federal Council) also approved the two laws required for Germany to ratify the Unified Patent Court (UPC) Agreement on 31 March 2017.  One law (Druc... Read more

Belgium consents to provisional application of UPC Agreement

30 March 2017

Dominic Adair

The Council of the EU has today recorded a declaration by Belgium concerning the provisional application of the Unified Patent Court (UPC) Agreement (which Belgium ratified in June 2014).  In the declaration, Belgium undertakes to apply on ... Read more

UPC legislation progresses in Latvian parliament

30 March 2017

Andrew Bowler

A draft law enabling Latvia to ratify the Unified Patent Court (UPC) Agreement has today been passed in its second reading in the Saeima (Latvia’s unicameral parliament).  The vote was unaminously in favour of the bill, following agreement... Read more

European Parliament Legal Affairs Committee’s hearing on the unitary patent

30 March 2017

Alan Johnson

In its meeting on 22/23 March 2017, the European Parliament Legal Affairs Committee held a hearing on ‘The Unitary Patent: state of play’ (recording here).  There were three guest speakers: Benoît Battistelli (President of the ... Read more

Greece moves towards participating in Unified Patent Court

28 March 2017

Dominic Adair

Although Greece was one of the original signatories to the Unified Patent Court (UPC) Agreement on 19 February 2013, there has been little news of any progress towards its ratification of the Agreement. However, this month there have been two signifi... Read more

Spanish government provides its reasons not to join the unitary patent and UPC system

22 March 2017

Manuel Rey-Alvite Villar

As reported here, earlier this month the Committee on Economy, Industry and Competitiveness of the Spanish Congress of Deputies (the Spanish parliament’s lower chamber) approved a non-legislative motion calling on the government to join the uni... Read more

UPC Preparatory Committee reports on its final meeting

16 March 2017

James Boon

The Preparatory Committee of the Unified Patent Court (UPC) has reported (here) on its meeting yesterday.  This was its final meeting before the Provisional Application Phase (PAP), when it will hand over the preparations to UPC committees. ... Read more

German parliament passes two bills required for UPC ratification

10 March 2017

Richard Pinckney

The Bundestag (German parliament) yesterday passed two pieces of draft legislation required for Germany to ratify the Unified Patent Court (UPC) Agreement.  One (bill 18/11137) will actually authorise ratification of the Agreement and the other ... Read more

Germany progresses UPC privileges and immunities legislation

9 March 2017

Richard Pinckney

A draft law (bill 18/11238) to enable Germany to ratify the Protocol on Privileges and Immunities of the Unified Patent Court (PPI) is listed (item 56) on the agenda of the Bundesrat (Federal Council) to be voted on today.  If today’s vote... Read more

Spanish parliament calls on the government to join the unitary patent and UPC system

7 March 2017

Manuel Rey-Alvite Villar

On 7 March 2017 the Committee on Economy, Industry and Competitiveness of the Spanish Congress of Deputies (the Spanish parliament’s lower chamber) debated and approved a non-legislative motion calling on the government to join the unitary pate... Read more

Draft UPC laws continue passage through German parliament

28 February 2017

Richard Pinckney

The Bundestag (German parliament) will next week debate and vote on the draft legislation required for Germany to participate in the unitary patent and Unified Patent Court (UPC) system.  There are two draft laws: bill 18/11137 to authorise rati... Read more

Isle of Man UPC Order published

27 February 2017

Dominic Adair

The delegated legislation required to extend the effects of the Unitary Patent and the Unified Patent Court (UPC) system to the Isle of Man was laid before Parliament on 22 February 2017 (here). As reported on 4 March 2016, the publication of this se... Read more

Italy signs UPC Provisional Application Protocol and other countries urged to do so to enable UPC to open in 2017

21 February 2017

Richard Pinckney

In yesterday’s EU Competitiveness Council meeting the implementation of the unitary patent and Unified Patent Court (UPC) system was discussed, and there was a call for those countries which have already ratified the UPC Agreement to also conse... Read more

Parliamentary motion calls on Spanish government to reconsider joining the unitary patent and UPC systems

20 February 2017

Manuel Rey-Alvite Villar

The unitary patent and Unified Patent Court are tabled to return to the Spanish political agenda following the submission on 13 February 2017 of a non-legislative motion by political party PSOE (in the opposition) which calls on the Spanish governmen... Read more

UPC IT system developments continue

14 February 2017

Luke Maunder

The Unified Patent Court (UPC) IT team announced on 10 February 2017 the following: Several updates to the beta test site of the UPC Case Management System have been released. These include the functionality to generate a list of documents for a ... Read more

Italy deposits its instrument of ratification of the UPC Agreement

13 February 2017

Edward Nodder

Italy deposited its instrument of ratification of the Agreement on a Unified Patent Court (UPC) with the General Secretariat of the Council of the EU on 10 February 2017.  Italy had already announced last autumn that it would be hosting a l... Read more

Draft legislation for ratification of UPC on German parliament’s agenda

8 February 2017

Richard Pinckney

Germany’s draft legislation authorising ratification of the Agreement on the Unified Patent Court (UPC) is listed on the agenda (here) for next week’s sitting (15-17 February) of the Bundestag (German parliament).  As reported here, ... Read more

The UK and the Netherlands continue preparations for the UPC

24 January 2017

Andrew Bowler

The Protocol on Privileges and Immunities of the Unified Patent Court (PPI) will give legal personality to the Court and provide the Court and its judges, Registrar and other staff with the various privileges and immunities.  In order to come in... Read more

UPC to open December 2017

16 January 2017

Alan Johnson

The UPC Preparatory Committee has posted the news here that the UPC is expected to open in December. Since Article 89 of the UPC Agreement provides for the opening of the court on the first day of a month, the target opening date is presumed to ... Read more

New UK IP Minister questioned on the UPC

12 January 2017

Andrew Bowler

The UK IPO confirmed yesterday that the new Minister responsible for IP is Jo Johnson, Minister of State for Universities, Science, Research and Innovation. He was the Minister responsible recently for the passage of the Threats Bill in the... Read more

Germany restarts legislative process for ratification of the UPC Agreement

22 December 2016

Andrew Bowler

Two draft bills to enable Germany to participate in the unitary patent and Unified Patent Court (UPC) system had been passing through the Bundestag (German parliament) for several months earlier this year, one to authorise ratification of the UPC Agr... Read more

New UK IPO project team works to bring the UPC into operation as soon as possible

15 December 2016

Edward Nodder

Following the UK government’s announcement on 28 November that it will continue with preparations to ratify the Unified Patent Court (UPC) Agreement over the coming months and to work with the UPC Preparatory Committee to bring the UPC into ope... Read more

UK signs UPC Immunities and Privileges Protocol

15 December 2016

Richard Pinckney

The UK yesterday took the first substantive step since the announcement on 28 November that it intends to ratify the UPC agreement.  It has signed the ‘Protocol on Privileges and Immunities of the Unified Patent Court' which is re... Read more

IP Federation calls for urgent work to enable the UK to stay in the UPC after Brexit

7 December 2016

Alan Johnson

Following the announcement of the UK’s intention to ratify the Unified Patent Court Agreement, the IP Federation (which represents the views of UK industry in IP matters) has published its response here.  IP Federation recognises the poten... Read more

Latvian parliament to consider draft legislation to ratify the Agreements on the UPC and its Nordic-Baltic regional division

29 November 2016

Andrew Bowler

The Latvian government recently submitted to the Saeima (Latvia’s unicameral parliament) draft legislation necessary to ratify the Agreement on a Unified Patent Court (UPC) and the Agreement on a Nordic-Baltic regional division of the UPC (whic... Read more

Italian legislation to ratify the UPC Agreement now in force

29 November 2016

Edward Nodder

The legislation enabling Italy’s ratification and implementation of the Agreement on a Unified Patent Court (UPC) came into force on 25 November 2016, having been published the previous day in Italy’s Official Gazette here.  The Law ... Read more

UK to ratify the UPC Agreement

28 November 2016

Alan Johnson

At the Competitiveness Council meeting today the UK announced that it intends to ratify the UPC Agreement and stated in a press release that: “The UK will continue with preparations for ratification over the coming months.  It will be w... Read more

Competitiveness Council to discuss UPC next Monday, 28 November 2016 – announcement expected on UK participation

22 November 2016

Alan Johnson

In the EU Council’s press release listing the main topics to be discussed in its meetings this week and next, the unitary patent and Unified Patent Court (UPC) system is one of four topics listed for discussion by the EU Competitiveness Council... Read more

Finland’s parliament adopts legislation to establish UPC local division in Helsinki

17 November 2016

Richard Pinckney

Following Finland’s ratification of the Agreement on a Unified Patent Court (UPC) on 19 January 2016, the government issued on 26 May a legislative proposal (Bill 87 2016) to enable establishment of a local division of the UPC in Helsinki. The ... Read more

Lithuania moves towards ratification of the Agreements on the UPC and its Nordic-Baltic regional division in July 2017

16 November 2016

Edward Nodder

Two bills concerning the Unified Patent Court (UPC) were passed by the Seimas (Lithuania’s unicameral parliament) on 3 November 2016, and registered in the Registry of Legal Acts on 8 November 2016. One was the Law on ratification of the Agreem... Read more

UPC division in Milan to be ready by mid-June 2017

10 November 2016

Myles Jelf

The Preparatory Committee of the Unified Patent Court (UPC) has reported (here) that the Italian authorities have formally selected the second floor of the new Milan Courthouse (Via San Barnaba n. 50, Milan) as the location of the local division of t... Read more

Select Committee reports on Unitary patent preparations

2 November 2016

Richard Pinckney

The EPO Select Committee has reported here that in its meeting on 25 October 2016 it unanimously approved the ‘Administrative instructions under Article 7 of the Rules relating to the Distribution of Fees amongst the participating member states... Read more

Italian parliament approves bill on ratification of the UPC Agreement

19 October 2016

Edward Nodder

The Senate of the Republic of Italy, one of the two chambers of the Italian parliament, voted and approved draft legislation to enable Italy to ratify the UPC Agreement, yesterday afternoon (bill here). Senators supported the passing of the bill... Read more

Preparatory Committee to postpone the recruitment of UPC judges

17 October 2016

Edward Nodder

As announced after its 18th meeting last week (reported here), the UPC Preparatory Committee has today released an update (here) on the status of the judicial recruitment process. Having acknowledged that the outcome of the EU referendum in the UK wi... Read more

UPC Preparatory Committee continues work

12 October 2016

Alan Johnson

In the report (here) of its meeting in Paris on Monday, the Preparatory Committee of the Unified Patent Court (UPC) states: “The Committee took the opportunity to discuss the road ahead given the uncertainty that has arisen following the refere... Read more

Location of Italy’s local division of the UPC announced

11 October 2016

Myles Jelf

In a press release (here) on 7 October 2016, the Italian Ministry of Justice announced that the Unified Patent Court (UPC) in Milan will be located in an existing court building at via San Barnaba 50.  The release explains that the building is a... Read more

Slovenian law to ratify the UPC Agreement officially published

7 October 2016

Manuel Rey-Alvite Villar

As reported earlier this week (here), legislation enabling Slovenia to ratify the Agreement on a Unified Patent Court recently received presidential assent following its approval by the Slovenian parliament.  The legislative process was formally... Read more

Further updates to the UPC Case Management System released

4 October 2016

Luke Maunder

The Unified Patent Court (UPC) IT team released several updates to the beta test site of the UPC Case Management System last week.  The UPC Preparatory Committee had already reported the previous week (Implementing the Patent package, Fifth prog... Read more

Slovenia passes law on ratification of the UPC Agreement

3 October 2016

Manuel Rey-Alvite Villar

Draft legislation enabling the Republic of Slovenia to ratify the Agreement on a Unified Patent Court was signed into law by the President of the Republic last Friday, 30 September 2016 (see here).  The ratification bill was approved by the Nati... Read more

Call for action on the UPC

30 September 2016

Alan Johnson

The press release from the 3485th meeting of the EU Competitiveness Council of 29 September 2016 records that calls for the swift entry into force of the UPC were made by several delegations [see page 10 here]. Read more

Views on UPC expressed ahead of today’s Competitiveness Council meeting

29 September 2016

Vanessa Rieu

As reported here, the topic of the proposed unitary patent and Unified Patent Court (UPC) system is on the agenda of today’s EU Competitiveness Council meeting, and in advance of this meeting several letters have been sent from organisations ex... Read more

German Bar Association urges quick decision from UK on UPC ratification

28 September 2016

Alan Johnson

The Deutscher Anwaltverein (DAV, the German Bar Association, which represents more than 66,000 German lawyers) has published a Position Paper (58/2016) relating to the proposed Unified Patent Court (UPC) system, which it has sent to the Competitive C... Read more

Report to EU Competitiveness Council on status of UPC system

27 September 2016

Edward Nodder

The Council of the EU has published today the background brief for the Competitiveness Council meeting this Thursday, 29 September 2016.  The topic of the proposed unitary patent and Unified Patent Court (UPC) system is scheduled in the meeting&... Read more

Draft UPC EPLC Rules amended to include additional Italian qualification

27 September 2016

Liz Cohen

The Preparatory Committee of the Unified Patent Court (UPC) has recently announced its decision to add a further qualification which would allow a European Patent Attorney to represent a party in the UPC during a transitional period (of one year from... Read more

AIPPI hosts mock UPC proceedings

22 September 2016

Dom Adair

In addition to the fascinating debate on Brexit and the UPC (reported here), AIPPI's standing committee on the unitary patent and UPC hosted a mock preliminary injunction application in Milan this week. The subject matter was two patents relating... Read more

AIPPI holds debate on Brexit and the UPC

20 September 2016

Edward Nodder

AIPPI's standing committee on the UPC and unitary patent (chaired by Alan Johnson) held a session on Brexit and the UPC at the AIPPI Annual World Congress in Milan today, providing the first opportunity for a public discussion on this vital issue... Read more

Italian bill to ratify UPC Agreement approved by one chamber of parliament

15 September 2016

Alan Johnson

The Chamber of Deputies (one of the two chambers of Italy’s parliament) yesterday approved draft legislation to enable Italy to ratify the Agreement on a Unified Patent Court (UPC).  The draft legislation (Bill 3867) must now be approved b... Read more

The Netherlands notifies ratification of the UPC Agreement

15 September 2016

Brian Cordery

The Netherlands deposited its instrument of ratification of the Agreement on a Unified Patent Court (UPC) with the General Secretariat of the Council of the EU yesterday. This notification follows the recent promulgation of the relevant Dutch legisla... Read more

Dutch law to ratify the UPC Agreement officially published

8 September 2016

Philip Westmacott

The legislation enabling the Netherlands to ratify the Agreement on a Unified Patent Court (UPC) has now been promulgated by the Minister of Security and Justice on 6 September 2016 and officially published (here). This follows the passage of the bil... Read more

Milan as a location for the UPC central division?

25 August 2016

Alan Johnson

On 23 August 2016, the L’Ordine dei Consulenti in Proprietà Industriale (the Italian Industrial Property Consultants Institute, whose members include patent attorneys) published a letter (here) from its President to the Prime Minister, t... Read more

UK continues to participate in UPC meetings

2 August 2016

The UK government’s Intellectual Property Office (IPO) has today published a guide: ‘IP and BREXIT: The facts’ in which it states ‘The UK remains a Contracting Member State of the Unified Patent Court at present. We will conti... Read more

Development of UPC Case Management System continues

27 July 2016

Luke Maunder

  The Unified Patent Court (UPC) IT team has today released several updates to the beta test site of the UPC Case Management System, including new actions (e.g. for revocation), a new application (for preserving evidence), a case numbering form... Read more

Training for UPC technically qualified judge candidates

27 July 2016

Edward Nodder

CEIPI (the Centre for International IP Studies, University of Strasbourg), in collaboration with INPI (the French IP Office), is providing a 6 day training programme for technically qualified judges of the Unified Patent Court (UPC) on 22-24 Septembe... Read more

Luxembourg ratifies UPC’s Provisional Application Protocol

22 July 2016

Alan Johnson

On 18 July 2016, Luxembourg ratified the Protocol to the Agreement on a Unified Patent Court on provisional application.  This follows the signature of the Protocol by Luxembourg and 7 other countries in October 2015.  The purpose of the Pr... Read more

UPC judge application statistics

7 July 2016

Richard Pinckney

The closing date for submission of applications for the positions of legally qualified judges and technically qualified judges of the Unified Patent Court (UPC) was last Monday, 4 July 2016.  The UPC Preparatory Committee’s HR coordinator,... Read more

Preparatory Committee continues preparations for UPC

5 July 2016

Dominic Adair

The Preparatory Committee of the Unified Patent Court (UPC) held its 17th meeting in Stockholm last Thursday.  This was its first meeting following the results of the UK’s referendum on its European Union membership.  With the endorse... Read more

Protocol on Privileges and Immunities of the UPC open for signature

30 June 2016

Robert Burrows

The Protocol on Privileges and Immunities of the Unified Patent Court (UPC), which was agreed by the Preparatory Committee in February, was published and open for signature from yesterday, when it was signed by some member states in the margins of th... Read more

Italian parliament considers bill to ratify the UPC Agreement

29 June 2016

Brian Cordery

The Italian parliament’s III Committee on Foreign and Community Affairs is today discussing draft legislation in the form of Bill 3867 (here in Italian) to enable Italy to ratify the Unified Patent Court (UPC) Agreement.  The bill was intr... Read more

The Netherlands passes law ratifying the UPC Agreement

28 June 2016

Philip Westmacott

Today, the Eerste Kamer (the first chamber of the Dutch parliament, i.e. the Senate) approved the bill to enable the Netherlands to ratify the UPC Agreement.  Now the Senate has approved the bill it becomes law.  However, the Netherlands mu... Read more

The Netherlands progresses towards ratification of the UPC Agreement

21 June 2016

Edward Nodder

On 16 June 2016, the Tweede Kamer der Staten-General (the second chamber of the Dutch Parliament, i.e. the House of Representatives) approved the draft legislation to enable the Netherlands to ratify the UPC Agreement.  The bill now passes to th... Read more

Draft German UPC legislation enters parliamentary process

14 June 2016

Andrew Bowler

Two draft bills, one making it possible for Germany to ratify the Unified Patent Court Agreement and the other to implement the Unitary patent system into German law, are listed to come before the Bundestag (German parliament) next Thursday, 23 June ... Read more

Ireland takes steps towards participating in the UPC

9 June 2016

Liz Cohen

The new Government of Ireland’s Legislative Programme dated 8 June 2016 lists the legislation the government intends to publish over the next few months, and this includes an ‘Amendment of the Constitution (Unified Patent Court) Bill&rsqu... Read more

Bulgaria notifies ratification of UPC Agreement

7 June 2016

Robert Burrows

On 3 June 2016, Bulgaria deposited its instrument of ratification of the UPC Agreement with the General Secretariat of the Council of the EU (as required for the ratification to have effect).  The Council published this step here.  Bulgaria... Read more

UPC Preparatory Committee meets in Hamburg

27 May 2016

Andrew Bowler

The 16th meeting of the Preparatory Committee was held in Hamburg, one of the proposed German UPC Local Divisions, on 26 May 2016.  With much of the substantive work now addressed, the focus of the meeting was on the administrative and supportin... Read more

EPO’s software for filing for a Unitary Patent available to test

26 May 2016

Robert Burrows

The EPO has announced that users of its Online Filing software can install a "Unitary Patent DEMO" plug-in to simulate drafting, signing and sending a request for unitary effect and filing subsequent documents.  Users may send feedback... Read more

Draft Code of Conduct published

18 May 2016

Myles Jelf

The UPC Preparatory Committee has now made public the current draft Code of Conduct for representatives appearing before the Unified Patent Court here. The Code, as required by the Rules of Procedure of the UPC, was developed by the Committee in conj... Read more

UPC IT team releases first Case Management System API

11 May 2016

Luke Maunder

The IT team has released v1 of the API (Application Program Interface) that will enable access to publicly available data held by the UPC’s case management system. This first version suggests that third party software will be able to search the... Read more

Recruitment of UPC judges begins

10 May 2016

Edward Nodder

The Preparatory Committee has started the process for recruitment of the UPC’s legal and technical judges by publishing on its website (here) vacancy notices in English, French and German. Applications must be submitted by 4 July 2016.  Th... Read more

CCBE publishes letter on the UPC draft Code of Conduct

6 May 2016

Robert Burrows

On 6 May 2016, the Patents Sub-group Committee  of the Council of Bars and Law Societies of Europe (CCBE) published its preliminary observations on the draft Code of Conduct for the Unified Patent Court here.   Read more

Italian government approves draft legislation to ratify UPC Agreement

5 May 2016

Andrew Bowler

The Italian Council of Ministers has approved draft legislation which will enable Italy to ratify the UPC Agreement.  Following that approval by the government last Friday (reported in this press release), the bill now passes to the parliament f... Read more

Lithuania starts legislative process to ratify Agreements on the UPC and its Nordic-Baltic regional division

28 April 2016

Edward Nodder

The Lithuanian government has submitted draft legislation to the Seimas (the unicameral parliament) to enable Lithuania to ratify the UPC Agreement and to form, with Sweden, Estonia and Latvia, a regional division of the UPC. The draft legislation, s... Read more

Amendments to UK Patent Rules for introduction of unitary patent

28 April 2016

Gregory Bacon

The Patents (Amendment) Rules 2016 (SI 2016/517) were made on 20 April 2016 and will come into force when the UPC Agreement comes into force.  They will amend the Patent Rules 2007 to make changes consequential to the amendments which will at th... Read more

Bulgaria another step closer to ratification of UPC Agreement

22 April 2016

Andrew Bowler

Having been adopted last week by the National Assembly, the legislation required to authorise Bulgaria to ratify the UPC Agreement has today been enacted – the ‘Law on Ratification of the Agreement on the Unified Patent Court’ being... Read more

Recruitment of UPC judges to begin in May

15 April 2016

Annsley Merelle Ward

The UPC judicial recruitment package was agreed during yesterday’s UPC Preparatory Committee meeting held in Luxembourg.  Advertisements for the UPC’s judicial posts will be published in May (exact date to be agreed) with the recruit... Read more

Bulgarian parliament adopts legislation to ratify the UPC Agreement

8 April 2016

Manuel Rey-Alvite Villar

The National Assembly, Bulgaria’s unicameral parliament, has today adopted the necessary legislation to authorise Bulgaria to ratify the UPC Agreement.  The ‘Bill on Ratification of the Agreement on a Unified Patent Court’ (her... Read more

UK legislation to introduce the UPC system is finalised

31 March 2016