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UPC

UK Parliament Approves UP & UPC Draft Legislation

March 2016

The UK Parliament has approved the legislation (The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016) which will give effect to European Union legislation in relation to the European patent with unitary effect and to the international agreement on the Unified Patent Court in the UK.

In a short discussion on 1st March, the Order was approved. The Ministers debating the Order noted the potential benefits and impact of the Unitary Patent in the UK, but at the same time, noted that the UK referendum on Europe may have an impact if the UK leaves the EU:

“…Members will understand the significance when I talk about how important this is to Europe—to create a single patent system that supports innovative businesses and makes it easier for them to obtain and enforce patent protection. Obviously, given the way the debate on Europe is going, the order may only last three months…”

None the less, the Order was approved. The Order comes into force on the date of entry into force of the Agreement on the Unified Patent Court (Article 1(2)).

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