Unified Patent Court (UPC) | Update

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Unified Patent Court (UPC) | Update

As we have reported recently the ratification of the Unified Patent Court (UPC) agreement has stalled, yet again, due to a legal challenge in Germany.  The exact situation in Germany is difficult to tell or forecast however the German Constitutional Court has set a time limit until late December this year for the Government and the relevant intellectual property associations to file their statements and position briefs concerning the challenge.  As such, it is assumed that the court will not reach a decision before summer 2018.

The chance of the success of the challenge it is believed generally very limited within the profession, more than likely to only limited to procedural matters rather than the substantive content of the UPC agreement.  As a result, it is our belief that the UPC will not come into effect before November 2018.

We will, of course, keep you updated and if you have any questions please contact an adviser at Bailey Walsh.

If you have any questions regarding this or any other IP issues, please do not hesitate to contact one of our advisers, either by email at mail@bailey-walsh.com, or by telephone on 0113 2433824.