United Kingdom

Overview

UP 

Yes

UPC 

Yes

Status of ratification

Yes. On 28 November 2016, the United Kingdom announced that, despite the UK's vote to leave the EU following the referendum of 23 June 2016, it would proceed with the preparations to ratify the UPC Agreement. On 14 December 2016 the UK signed the Protocol on Privileges and Immunities and on 26 April 2018 the UK ratified the UPC Agreement. Ratification has therefore taken place before 29 March 2019 the date when the UK is due to leave the EU.

Local or Regional CFI 

Local and central.

Location/Venue of CFI

In August 2015 the UK IPO announced it had signed a lease for space in Aldgate Tower in the City of London, securing premises for the London section of the Central Division and the UK Local Division of the UPC. There is the potential to have further local divisions but this will depend on demand.

Judges 

Two national judges and one judge from the pool.

Languages 

English, French & German (Central division). English (Local division).

UP/UPC implementing legislation

Yes. Amendments to the Patents Act 1977 to give effect to the Agreement on the UPC have been made by The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016 (S.I. 2016/388) and consequent amendments to the Patents Rules 2007 have been made by The Patents (Amendment) Rules 2016 (S.I. 2016/517). Both Orders come into force on the date of entry into force of the Agreement on the UPC.

Other UP matters of interest 

The UK is one of the three countries which must ratify the UPC Agreement for it to come into force, along with France, which has already ratified, and Germany which has not yet ratified due to a constitutional challenge.

Related links

http://www.legislation.gov.uk/uksi/2016/388/pdfs/uksi_20160388_en.pdf

http://www.legislation.gov.uk/uksi/2016/517/pdfs/uksi_20160517_en.pdf

Twobirds contact 
Katharine Stephens, Rob Williams