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6 December 2016

November 28, 2016 - Is Brexit really Brexit?

At the last Competitiveness Council of 28 November, the UK Minister of State for Intellectual Property, Baroness Neville-Rolfe, stated that the UK government will ratify the Unified Patent Court Agreement.

This means that the UPC Agreement could enter into force before the UK effectively leaves the European Union, following the result of the referendum of June 23, 2016. This (...)

30 November 2016

November 2016 - Who has the power to decide the Brexit?

A claim has been raised before the London High Court of Justice by two individuals and a group of UK and EU citizens, against the UK Secretary of State for exiting the European Union. According to the claim, the UK government does not have the power to decide that the UK should withdraw from the EU without the Parliament’s statutory authority to do so.

On November 3rd, 2016, the London High Court followed the arguments of the claim and ruled that the Parliament must indeed give its consent to trigger Article 50. The UK (...)

25 November 2016

November 2016 - Unified Patent Court - Consequences of a Brexit

The UPC Agreement can only enter into force after ratification by the United Kingdom and Germany. The Brexit may therefore delay the entry into force.

1. The present situation We are faced with the result of the British referendum where a majority of British citizens decided that UK should leave the European Union. In (...)

18 October 2016

November 2016 - Unitary Patent - Consequences of a Brexit

The Unitary Patent Protection has been defined by two EU Regulations. It does not seem possible for a non Member State of the European Union to participate to such a Unitary Patent Protection.

1. How could UK participate to the Unitary Patent after Brexit? Some voices emitted the idea that the Member States of the European Patent Convention (EPC) could agree to a (...)

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