Germany Remains In The Dark On UPC Implementation
With a constitutional challenge still pending in Germany, and lingering uncertainties over Brexit, Germany's federal government appears to have little idea when a planned European Unified Patent Court could come into effect.
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The UK’s participation in Europe’s unified patent court (UPC) hangs in the balance in the event of no deal being reached on the UK’s ‘Brexit’ departure from the European Union (EU) in March 2019, according to guidance issued by the UK government on intellectual-property (IP) issues relating to pharmaceuticals, including patents and supplementary protection certificates (SPCs). But even with no deal, the UK will continue to offer SPCs.
The UK has ratified the agreement on a Unified Patent Court (UPC) that will handle cases related to the European single unitary patent. However, questions remain over the UK’s final involvement in the framework, while it negotiates its ‘Brexit’ exit from the European Union (EU).
Constitutional issues in Germany and the uncertainty over Brexit are conspiring to further delay the launch of Europe’s Unified Patent Court system.