The UPC Preparatory Committee has confirmed in a press release that the previously announced target date for the entry into operation of the Unified Patent Court (UPC), envisaged for December 2017, cannot be maintained. A new timeline has not yet been announced. It’s been a big political week in the UK. On Monday, David Davis, the government minister overseeing the Breitsit process, had finally held his first formal meeting with the European Union’s main negotiator Michael Barnier, so discussions started around the country’s departure from the European Union. Then, after the crucial election of tomorrow, June 8, Parliament was opened by the Queen, in which the ruling Conservative government unexpectedly lost its overall majority. So, the ability to control the narrative around the breaksit and other legislative issues. Clock with the clock on March 29, 2019 – When the European Union member states are scheduled to stop the UK from being appointed – there is a major leader in the country and not a detailed briquet strategy. It is a mess.
Press Released: UPC not started in 2017
The press release of the Preparatory Committee indicated earlier that the timetable for the start of the period of provisional application and for the entry into force of the UPC Agreement was relying on the timely finalization of national procedures concerning the ratification of the UPC Agreement and the participation in the Protocol on Provisional Application. The Unified Patent Court is an essential part in obtaining a European patent with unitary effect in most member states of the European Union, the so-called ‘Unitary patent’.
In this respect,General elections in the UK have caused more uncertainty as the newly elected government could change the UK’s earlier position on ratification of the UPC Agreement. Moreover, some Member States still have to agree to be bound by the Protocol before the period of provisional application can start.
Moreover, a Panel of the Federal Constitutional Court in Germany intends to hear four constitutional appeals later this year regarding a potential infringement on the Basic Law in Germany “on the grounds of insufficient legal protection at the European Patent Office against decisions by the Boards of Appeal”. If the start of the UPC is delayed until after the hearings, this could potentially put the ratification of the UPC by Germany on hold as the German government may shift it priorities to resolving any conflict between the Basic Law in Germany and the European Patent Convention (EPC).
Team UPC is actually too polite a term
they deserve a label like the “UPC cult” because this is how they behave; they also eliminate/crush/delete opposing views. This week we are seeing gently-worded personal attacks or attempts to discredit Professor Siegfried Broß for saying the truth about the UPC. It’s stuff like this which reminds us why the UPC complaint was done anonymously. We can envision the sorts of nasty personal attacks which would ensue if the petitioner’s/s’ name/s became widely known and circulated in the German media.
Thankfully, some parts of Team UPC are giving up on the ‘party line’; We at Techrights genuinely think (based on informed analysis) that UPC would very bad for development of software in Europe. British businesses agree, but their collective voice often gets hijacked by a bunch of lawyers who pretend to represent them or their interests. The UPCA was designed by lawyers, it intends to actually harm the industry, and basically enrich these lawyers and their richest clients, which are often not European at all
Considered the Conservatives’ arguments
Having considered the Conservatives’ arguments, In their knowledge the voters decided that they should not request the mandate which they requested; So now, with very little AC to play, the government seems to adopt a much more accessible tone, This can mean that it will now proceed according to the plan with ratification. Although the time will be tight for finalizing anything between now and July 20, When the Parliament told about seven weeks of summer break, if everything happens quickly from here, it may be that the UK is in a position to confirm the UPC in the autumn. But if the legislative process comes in September, then we can see the end of 2017 or the first part of next year. And, of course, it has not been given that anything will happen.
Earlier This month
It has emerged that the Constitutional Court of Germany – Bundeswerfsungszreich (BVRFG), Had requested a delay in the German ratification process, under which the law of competent law was obtained as a result of a challenge. Neither the substance of the challenge nor the identity of the challenger has been detected.
At the occasion of the European Inventor Award 2017 (15 June 2017 in Venice), Benoît Battistelli, president of the European Patent Office (EPO) spoke to reporters about the unitary patent (Euractive reports).According to him the Unified Patent Court is “is not an EU agency”,and so the London location of the court’s central division would not have to be relocated to an EU member state after Brexit is complete. Whether that would be politically acceptable “would be another issue” and “It will depend on the outcome of the negotiations”. He conceded that “nobody knows today” what will happen with the court.
According to the article we do have a new start date though: early 2018.
I’m not sure I’d bet on that. Let’s say that early 2018 means March 2018, and assuming an 8-month lead time between ratification and start, this would mean that by August 2017 the UK and Germany have each ratified the UPC agreement. Given the politically sensitive issue for the UK and the requested delay of the German constitutional court, it seems a bit optimistic that both will be resolved in two months time. They have been proved wrong already. 30% of corporate respondents and 29% of personal practice respondents identified 2018; While the majority of the two categories have said that it will be either in 2019 or when the UK has left the EU (which means that they do not think Britain will actually be part of the system) as every day goes, pessimists Looks more likely to be true.
