Call us today0800 160 1298
 
 

Advantage Litigation

Welcome to Advantage Litigation Services. We provide affordable access to commercial litigation.

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form

Unified Patent Court under threat as UK decides against participation

Posted by on in Uncategorized
  • Font size: Larger Smaller
  • Hits: 252
  • Subscribe to this entry
  • Print

In a move that underlines much of the UK government’s strategy with regard to legal and standards conformation post-Brexit, Downing Street has recently confirmed that it would not become a member of the EU’s forthcoming Unified Patent Court (UPC) and its associated unitary patent.

The European Union is setting up the Unified Patent Court to act as a common, standardised court across all contracting Member States. The UPC would become part of each Member States judicial system, and it would have exclusive competence in respect of European patents and European patents with unitary effect.

Until the current government came to power, the UK Intellectual Property Office (IPO) had previously stated that as the court will not be an EU institution, then the UK’s participation would not be affected by Brexit. However, the 2013 intergovernmental agreement which created the court provides for appeals involving aspects of European law to be referred to the European Court of Justice for resolution. Downing Street has now decided that is incompatible with the government's determination to escape European jurisdiction, with a spokesperson saying that “Participating in a court that applies EU law and bound by the CJEU is clearly inconsistent with our objective of becoming an independent self-governing nation.”

The government's announcement means that the UK will no longer be entitled to host a division of the court. In 2015, the IPO signed a lease for office space in Aldgate in London, in preparation for the UPC’s opening date originally scheduled for 2016. The UK’s decision not to participate also puts at risk the whole future of the UPC, with the UK being one of three states that was required to ratify the court agreement for it to come in to force.

Intellectual Property Lawyers

Solicitors and Barristers specialising in intellectual property (IP) law have been unanimous in their concerns for the IP claims sector. In commenting on the announcement, a spokesperson for one leading IP specialist firm, Marks & Clerk, said:

“Previously there was a degree of optimism about the likelihood of participation in the Unified Patent Court, even if we decided to leave the EU, but this announcement has made it clear that will not happen. This is certainly a blow for industry as it was felt the UPC would be an excellent forum to resolve patent disputes with a single set of legal proceedings in one court, with one judgment and one appeal process…It will be very interesting to see what happens in the European Union and whether the unitary patent and UPC project will continue to go ahead without the UK - but even if it does it will almost certainly now be less appealing for businesses.”

Commercial Litigation Funding

If you are thinking about taking legal action against another individual or company but are worried about the costs involved, Advantage Litigation Services have the skills and expertise to help you find a way of funding commercial litigation without risking your personal finances or those of your business. Click here to contact us today or call 0800 160 1298 to see how we can help.

Get in touch

  1. Your Name(*)
    Please let us know your name.
  2. Your Email(*)
    Please let us know your email address.
  3. Company Name(*)
    Please write a subject for your message.
  4. Your Phone Number
    Invalid Input
  5. Message(*)
    Please let us know your message.
  6. Anti-Spam, please enter the characters shown
    Anti-Spam, please enter the characters shown
    Invalid Input

Latest News

  • A recent decision by the Court of Appeal now means that car making giants Volkswagen will not be able to appeal the decision that it did circumvent EU clean air regulations. The decision is a key preliminary issue in the current class action the German manufacturer is facing. Read More

  • New data recently published by the The Solicitors Regulation Authority’s (SRA) has revealed that complaints made against law firms in the UK have seen a 9% increase based on the previous year. The new data, based on the most recently available figures for 2019, show that there were just under 30,900 ‘first tier’ complaints received, compared to just under 28,300 in 2018. Legal sector analysts have suggested that new changes in transparency laws, introduced at the end of 2018, may have contributed to the higher numbers with law firms now being compelled to publish details of how and when their clients lodge complaints. Overall, Law firms managed to resolve 80% of all complaints themselves, slightly less than 2018 but a big improvement on 2012 data where 71% of complaints were resolved without recourse to the regulator or formal legal proceedings. Delays, advice... Read More

  • Business at all levels is underpinned by contracts. These can range from simple verbal agreements for low value transactions through to complex and detailed written agreements between corporations and governments. To save on the risk of future avoidable legal actions, writing a contract that is suitable for the transaction or agreement is key. A contract is a pledge, between two or more parties (be they individuals or organisations), that is legally binding. It is designed to the fulfilment of commitment in exchange for something of value. Whilst some contracts may be made verbally, there are some that must be in writing, such as for a property transaction. Contracts – why are they important? A contracts is designed to make sure that ensure that your position and interests are protected by law and that both parties understand that there is a clear and... Read More