Dr. Ingve Björn Stjerna, LL.M.

EU Patent Reform: The “withdrawn” ratification of the UPCA and its protocols by the United Kingdom,

Article on the UK’s alleged withdrawal from the UPCA and its protocols “with immediate effect” and the lack of a respective legal basis (Published on 13/12/2022)

The European patent reform and in particular the Agreement on a Unified Patent Court (“UPCA”) continue to be controversially discussed, with a frequently raised question concerning the role of the United Kingdom in the UPC and the protocols thereto as well as its “withdrawals” of the related ratifications. In his second constitutional complaint against the German ratification of the UPCA (Case No. 2 BvR 2217/20), the author of this article had submitted these issues to the German Constitutional Court (“BVerfG”) for clarification, which, however, did not deal with them in substance, as it did with all other substantive issues. The relevant aspects of this question are discussed in more detail in this article, based on the statements in said constitutional complaint.

  • Download English Version (Article of 13/12/2022, PDF)
  • Download German Version (Article of 13/12/2022, PDF)


Resources:

  • Link to the book Stjerna, Die Verfassungsbeschwerde vom 18.12.2020 gegen die Ratifikation des Übereinkommens über ein Einheitliches Patentgericht – Verfahren 2 BvR 2217/20 vor dem Bundesverfassungsgericht [The constitutional complaint of 18/12/2020 against the ratification of the Agreement on a Unified Patent Court – Proceedings 2 BvR 2217/20 before the German Federal Constitutional Court], Tredition 2021; the preface can be viewed here. 
  • Link to the press release “UK signals green light to Unified Patent Court Agreement” of 28/11/2016.
  • Link to the EU Council Treaties and Agreements database on the UPCA.
  • Link to the EU Council Treaties and Agreements database on the Protocol on the Provisional Application of the UPCA.
  • Link to the EU Council Treaties and Agreements database on the Protocol on Privileges and Immunities of the Unified Patent Court.
  • Link to the document “The Future Relationship with the EU – The UK’s Approach to Negotiations”.
  • Link to the article “IP Minister confirms UK’s non-participation in UPC” from bristowsupc.com on 14/04/2020.
  • Link to the statement by the UK Minister for Science, Research and Innovation, Amanda Solloway, Amanda Solloway, on the country’s withdrawal from the European patent reform in the UK Parliament on 20/07/2020.
  • Link to the Note Verbale of the British government on the “withdrawal” of the ratification of the UPCA and its protocols.
  • Link to BT-Drucksache (Bundestag printed matter) 19/22847 vom 25.09.2020 (German language).
  • Link to BMJV document 9330/29-2-31 907/2012 on the possibility to terminate UPCA membership (German language).
  • Link to the „Roadmap of the Preparatory Committee of the Unified Patent Court“.
  • Link to the BMJV’s decision of 09/07/2020 relating to the alleged non-existence of information relating to the possibility to terminate UPCA membership (German language).
  • Link to BVerfG, 2 BvR 739/17, decision of 11/02/2020 – EPGÜ.
  • Link to BVerfG, 2 BvR 2216/20 and 2 BvR 2217/20, decision of 23/06/2021 – EPGÜ II.


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