26 June 2017
Reporter: Barney Dixon

UPC order reaches UK parliament

Secondary legislation for the Unified Patent Court (UPC), specifically the Order on Privileges and Immunities, was submitted to UK Parliament under the International Organisations Act today.

Separate legislation will be put to the Scottish Parliament in due course, according to an update from the UK Intellectual Property Office (UKIPO).

According to the UKIPO, this is the final legislative step towards the UK’s ratification of the UPC along with the separate Scottish order.

Were both of these to pass, the UK would be able to formally ratify the UPC Agreement, leaving Germany as the only EU member left to ratify before the agreement can come into force.

But the UPC’s passage through Germany was halted last week after the country’s Federal Constitutional Court challenged the ratification.

The Federal Constitutional Court said it had yet to make a decision on the merits of the UPC and the postponement would give the court enough time to decide whether the agreement should be ratified.

Earlier this month, the UPC preparatory committee said it was unlikely the court would be ready to launch in December 2017.

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