NIPC News

Jane Lambert In my June UPC Ratification Update 5 June 2017 I wrote: "There is every chance that the Court will open its doors before the end of this year." Famous last words! Two days later the UPC Preparatory Committee wrote that "the previously announced target date for the entry into operation of the UPC, envisaged for December 2017, cannot be maintained" (see   UPC – Timetable Update – June 2017 7 June 2017 UPC website). For once it is not out fault. Even though we are negotiating terms for exiting the European Union (see Brexit Briefing June 2017   30 June 2017 NIPC News) we remain on course to ratify the UPC Agreement well before we go. The last legislative hurdle is the ratification of the Protocol on Privileges and Immunities of the Unified Patent Court  and that will be done by The Unified Patent Court (Immunities and Privileges) Order 2017 a draft of which has been laid before Parliament together with an explanatory memorandum . ...

Jane Lambert Art 89 (1) of the Agreement on a Unified Patent Court  provides that the Agreement will come into force on the 1st day of the 4th month after the deposit with the Commission of the 13th instrument of ratification or accession including deposits of such instruments by France, Germany and the United Kingdom. According to the Council website , 12 states have deposited instruments of ratification. The last of these was Italy which deposited its instrument on on 12 Feb 2017.  Italy's ratification is particularly significant for two reasons. The first is that it had opposed the unitary patent in C-274/11 - Spain and Italy v Commission and others     [2013] EUECJ C-274/11 on the grounds that the implementing legislation was incompatible with EU law. The second reason why Italy's participation is significant is that it will be entitled to host one of the sections of the Central Division of the Court of First Instance should the UK be obliged ...