Q:

Will the UK be involved in the Unified Patent Court?

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Brexit Senate
The Senate
01 Mar 2020

A: SenseCheck

  • 0 Yes
  • 1 No
  • 0 Other
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  • 01 Mar 2020
  • No

    Complex

    "The UK will not be seeking involvement in the Unified Patent Court (UPC), it was confirmed [27 Feb 2020], despite the country’s ratification of the underlying agreement in April 2018.

    In a quote sent to WIPR, a UK government spokesperson said: “The UK will not be seeking involvement in the unitary patent/UPC system. Participating in a court that applies EU law and bound by the Court of Justice of the European Union (CJEU) is inconsistent with our aims of becoming an independent self-governing nation.”

    In November last year, a European Parliament report said that although it was not “legally impossible” for the UK to participate in the UPC after leaving the EU, a number of obstacles remain. In particular, this included the jurisdiction of the CJEU.

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    Rachel Amos
    The Senate

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