EU Patent Reform: UPCA participation of the UK despite EU exit?,
Article on a mechanism for revising the UPCA without Parliamentary participation proposed by the German Federal Ministry of Justice and Consumer Protection (Published on 27/04/2021)
Contents:
In July 2020, the United Kingdom declared that it would leave the “Unified Patent Court system” and “withdraw” its endorsement of the UPCA and the associated protocols. Statements made by the German Federal Ministry of Justice and Consumer Protection in 2017 show that the UPCA participation of a UK that has left the EU has by no means been abandoned and which mechanism is thought to be able to implement such participation even without the involvement of the Parliaments of the UPCA Member States.
- Download English version (Article of 27/04/2021, PDF)
- Download German version (Article of 27/04/2021, PDF)
Sources used:
- Link to the article „Brexit: Letzte große Hürde für das neue europäische Patentsystem“ (“Brexit: The last challenge for the new European patent system”), www.juve.de on 01/04/2016 at (German).
- Link to the article by Prof. Winfried Tilmann “EUCJ-Opinion 01/09 – Analysis and Consequences” of 05/04/2011 (PDF).
- Link to the article by Lamping/Ullrich, The Impact of Brexit on Unitary Patent Protection and its Court (PDF).
- Link to the article Stjerna, “The European Patent Reform – Squaring the circle after the »Brexit« vote” (PDF).
- Link to Council document 15856/11 of 21/10/2011 (PDF).
- Link to the interview of Legal IQ with Kevin Mooney on “What does the future hold for the UPC?”, published in July 2016 (PDF).
- Link to the statement of Willem Hoyng on “Does Brexit mean the end of the UPC?” (24/06/2016).
- Link to the Treaties and Agreements database of the Council of the EU on the UPCA.
- Link to the Treaties and Agreements database of the Council of the EU on the Protocol to the Agreement on a Unified Patent Court on provisional application.
- Link to the Treaties and Agreements database of the Council of the EU on the Protocol on Privileges and Immunities of the Unified Patent Court.
- Link to the article “IP Minister confirms UK’s non-participation in UPC”, bristowsupc.com on 14/04/2020.
- Link to the statement by Minister for Science, Research and Innovation Amanda Solloway of 20/07/2020 on the British “withdrawal” from the “Unified Patent Court system”.
- Link to The Patents (European Patent with Unitary Effect and Unified Patent Court) (Repeal and Revocation) Regulations 2021.
- Link to BMJV organisation plan of 01/10/2017 (German, PDF).
- Link to the CV of Johannes Karcher from fordhamipconference.com (PDF).
- Link to Stjerna, Official information obtained under the German Federal Freedom of Information Act: Access to all official information concerning constitutional complaint proceedings 2 BvR 739/17 (UPCA I)
- Link to the article Stjerna, “The European Patent Reform – The German Ministry of Justice and the legal scrutiny of the UPCA and the draft legislation for its ratification” (PDF).
Further material:
- Link to the article Stjerna, “The European Patent Reform – The Gordon/Pascoe Opinion and the UPCA’s incompatibility with Union law” (PDF).
- Link to the article Stjerna, “The European Patent Reform – The British ratification paradox” (PDF).
- Link to the article Stjerna, “The European Patent Reform – The »withdrawn« ratification of the UPCA and its protocols by the United Kingdom” (PDF).
- Link to the post Stjerna, “The European Patent Reform – The »forgotten« documents of the Preparatory Committee of the Unified Patent Court”.
- Link to Stjerna, Official information obtained under the German Federal Freedom of Information Act.
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