The post below was first published on our Intellectual Property blog
The UK Prime Minister’s Office has confirmed (27.02.20) that the UK will not be participating in the UPC system saying: “Participating in a court that applies EU law and bound by the CJEU is inconsistent with our aims of becoming an independent self-governing nation.”
Perhaps not surprising, given the wider signs emerging from Downing Street of late and whilst it may be a negotiating tactic, we wouldn’t bet on it. It will be interesting now to see what happens next with the UPC project, post this UK Government announcement. All eyes will now turn to Germany and the approach they intend to take. What is certainly clear is that the UPC will be less attractive to business without the UK’s participation in it.
Meanwhile, HSF’s EU-wide patent litigation practice stands ready to manage multi-jurisdictional patent litigation as it always has, whether the UK is part of the UPC or not.
See here for more on the Unified Patent Court and Unitary Patent.