article / 18 Sep 2020

UP/UPC Update: The UPC Preparatory Committee signals a functional UPC in a near future

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In a press release, the UPC Preparatory Committee has reported on preparations for “the unitary patent system to be functional in a near future”. The committee also reported good progress towards pragmatic and legally sound solutions to issues related to the UK withdrawal of its UPCA ratification.

Further comments to the committee meeting was made in a press release from the Italy’s Ministry of Foreign Affairs. According to the press release, the participating states are willing to ensure the entry of the UPC hopefully already in early 2021, when the German ratification process is expected to be completed. The competence of the London seat of the CFI central division will temporarily be redistributed between the offices in Paris and Munich until negotiations on the third seat of the CFI central division have been completed. Milano was announced as Italy’s candidate for the new seat to replace London.

These press releases should be read against the backdrop of the position paper published by prominent European industry organisations this summer. In the position paper, the organisations “call for the swift ratification of the Unified Patent Court Agreement and the entry into operation of the European Patent system as soon as possible” and presented the UP-UPC system a key component for Europe’s recovery after COVID-19.

Read the press release from the UPC Preparatory Committee here.

Read the press release from Italy’s Ministry of Foreign Affairs here.

Read the position paper from Businesseurope, Eurochambres, Orgalim och SMEunited here.

Read Setterwalls’ update on the German ratification legislation process here and here.

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