UK ratifies the Unitary Patent Court Agreement (UPCA)

The British IP minister Sam Gyimah MP announced yesterday that the UK has ratified the Unitary Patent Court Agreement (UPCA). On 26 April 2018 Foreign Minister Boris Johnson MP signed the document stating that the UK agrees to be bound by both the UPC Agreement and the UPC’s Protocol on Privileges and Immunities (PPI), and the Foreign & Commonwealth Office deposited this document with the EU Council’s General Secretariat. Whilst the UPC still cannot start unless and until the outstanding complaint to the German Federal Constitutional Court (the Bundesverfassungsgericht – “BVerfG”) regarding the constitutionality of the law passed by German Parliament on the UPC’s implementation is resolved, the announcement is certainly paving the way for discussions regarding UK’s future participation in the UPCA post-Brexit.

// Katrin Lindberg