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The Brexit effect – looming problems with patent and intellectual property law

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The Brexit effect – looming problems with patent and intellectual property law

German intellectual property lawyer Ingve Stjerna has succeeded in a court action which effectively puts the European patent regime on hold, having described the UK’s desire to remain a member of the new system – the Unified Patent Court (UPC) - as ‘astonishing’.

Dr Stjerna bought the case before Germany’s federal constitutional court, who recently confirmed an extension to the original deadline for accepting comments on the case. As Germany, along with the UK and France, must ratify such an agreement before it is enshrined in law, the deadline extension means that there is now no chance of the agreement being enforced in 2017.

Dr Stjerna commented:

At the very least, an explanation is needed why in case of the UPC the creation of new obligations from union law and respective powers for the CJEU as well as a respective liability of the UK for union law violations are deemed acceptable, despite the envisaged objectives for leaving the EU”

Set against the background of the ongoing Brexit negation’s between the UK Government and the EU, the new UPC has already been affected with delays. Under the current planned implementation, the UPC intends to locate one of its three major divisions in London.

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