Ratification of the UPCA by the United Kingdom: the representative of the United Kingdom at the Competition Council meeting in May stated that the ratification of the UPCA by the United Kingdom itself would only take place in the next Parliament, but that the intention of the current government was to ratify it. If the UK ratifies the UPCA without amendment and then leaves the EU, all UPC services in the UK will have to cease operations. Transitional consequences are detailed issues that need to be negotiated in the UK`s withdrawal negotiations. If, beyond Brexit, the UK can no longer participate in the UPC, it will become one of the European legal systems in which, after the introduction of the new UPC/UP system, it will be necessary to continue to seek separate patent protection. At the beginning of 2017, the UPC agreement could be expected to reach the required levels of ratification and that the UK would be able to ratify before Brexit to become a full participant, even given the question marks that have emerged over the ability of a non-European court to be part of the new unified and European patent law enforcement system. Today, at the beginning of 2018, the situation is still uncertain. For more information on the unitary patent system and the UPC, click here: www.hsf.com/upc. The result of the constitutional procedure against Germany`s ratification of the UPCA, which was due to be decided in 2019, has not yet been concluded. In a recent interview, Justice Huber of the Federal Constitutional Court (who is due to rule) denied that the delay was related to Brexit, but that other important cases were awaiting their decision and were a priority. He suggested that the case could be decided in early 2020. Patent holders should stress that the Committee has reaffirmed its expectation that the Sunrise period will begin in September 2017 for the opt-out of European patents under the jurisdiction of the UPC. A review of all organized EPs should now be undertaken, if not already, to determine which candidates for the opt-out are. It is significant that the UK Government`s White Paper on Brexit is making encouraging noises for those who are generally interested in intellectual property rights and, in particular, the unified patent jurisdiction, about the future recognition and security of intellectual property in the UK and in the UK`s relationship with the EU, including support for the Single Patent Court and the UK`s role in the new patent system.
