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UPC taken one step forward in House of Lords

Written by Ellis Sweetenham on 14 December 2017

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While it seems the United Patent Court and Unitary Patent system across the EU was a non-starter, following Brexit, the UK has taken another step towards ratification.

The House of Lords Grand Committee met last week to discuss the draft Unified Patent Court (Immunities and Privileges) Order 2017 which outlines the UK’s position within the Unitary Patent system.

The Grand Committee debated the Order and agreed to the motion, moving the Order on to the House of Lords.

As the Grand Committee had debated the matter, the House of Lords was just required to vote on the matter and did not have their own debate.

The House of Lords voted in favour yesterday, therefore the draft Order has moved on to its final stage.

The draft Order requires the final approval of the Privy Council, both in the UK and Scotland.

If this approval is given when the Privy Council debate the Order (which is due to be scheduled in January 2018) the UK will be in the position to ratify the agreement.

It will therefore be left to Germany to complete the ratification process.

While this is a step towards the UPC going ahead, it is still unknown if Brexit will affect the system further down the line.

Therefore, patent owners in Europe are not out of the water.

Time will tell.

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