UK’s referendum—its implication on the Unitary Patent System
24/06/2016

Yesterday, on 23rd June 2016, the United Kingdom has decided, through a public referendum, to leave the European Union.  Aside from the many other consequences of this vote, the decision also has a direct impact on the Unitary Patent/Unified Patent Court system because this new system is not open for participation of a non-EU member state.

As a reminder, the Unitary Patent “package”, whose purpose is to set up a European Patent with a unitary effect on the territories of the 26 participating member states, will come into effect when 13 countries, including France, UK, and Germany have ratified the Unified Patent Court (UPC) agreement. Bulgaria, which was the 10th and latest country to ratify it, did so on 3rd June 2016, meaning only 3 member states (including UK and Germany) have still to ratify.

In accordance with the Treaty on the European Union, a withdrawal agreement must now be concluded between the UK and the EU, and the Treaties will cease to apply to the UK from the date of entry into force of this withdrawal agreement or, failing that, two years after the UK has issued its withdrawal notification (unless otherwise agreed).

It is possible that the Unitary Patent “package” will have to be re-negotiated between the remaining 25 participating member states, noting that UK was a big player in the initial negotiations as well as one of the three top-patenting countries in Europe and that with its withdrawal, the system will be less attractive for companies, especially in term of cost-effectiveness.

The UK could also possibly decide to ratify the UPC agreement to allow its set up, even if it were to leave the UP system eventually at a later date and this could be used as leverage during its negotiations with the EU. Yet, this situation would probably lead to some major issues to resolve regarding the effective application of the UPC system in the UK and in the EU, especially with the central division of the Unified Patent Court being created in London to hear chemical and pharmaceutical patent disputes, as provided by the UPC agreement.

The outcome of the Brexit therefore remains unclear, but it could certainly mean the end of or a significant delay in the launch of the Unitary Patent system, which was initially expected next year. 

Voir aussi : Stibbe ( Mr. Ignace Vernimme )

[+ http://www.stibbe.com]


Click here to see the ad(s)
Tous les articles Droit de la propriété intellectuelle

Derniers articles Droit de la propriété intellectuelle

Red Sole Diary: how the story ends before the CJEU
21/06/2018

The Court of Justice of the European Union (“CJEU”) handed down an eagerly awaited decision in a dispute about...

Read more

CJEU rules that Louboutin's red sole trade mark is not a shape trade mark
18/06/2018

On 12 June 2018, the Court of Justice of the EU rendered its much-awaited judgement in the case about Louboutin’s re...

CJEU rules that Louboutin's red sole trade mark is not a shape trade mark Read more

Inbreuk op het mededelingsrecht bij de verkoop van mediaspelers
06/06/2018

Artikel 3, lid 1 van de richtlijn 2001/29/EG van 22 mei 2001 betreffende de harmonisatie van bepaalde aspecten van he...

Read more

Benelux trade mark and design law: what's new on 1 June?
01/06/2018

On 1 June 2018, a series of amendments to the Benelux Convention on Intellectual Property (BCIP) enter into force. They...

Benelux trade mark and design law: what's new on 1 June? Read more

Derniers articles de Mr. Ignace Vernimme

Introduction de la liberté de panorama en droit belge
06/07/2016

Le 5 juillet 2016, une loi modifiant le code de droit économique en vue de l’introduction de la liberté...

Read more

Adoption de la réforme du droit des marques par le Parlement européen
16/12/2015

Le 15 décembre 2015, le Parlement européen a approuvé le paquet de réformes concernant le droi...

Read more

Italy joins the Unitary Patent and foresees the possibility to open a local division of the Unifi...
31/08/2015

Italy has finally decided to join in on EU’s Unitary Patent by expressing its wish to participate in the enhanced co...

Read more

Progress on the Unitary Patent
27/08/2015

On 10 July 2015, the Preparatory Committee (which handles all the subsidiary issues arising from the creation of the Unifi...

Read more

LexGO Network