http://ipkitten.blogspot.com/2020/07/the-uk-takes-final-step-out-of-unitary.html
It does not come as a big surprise, but it comes certainly with some bitter feelings. The UK takes the final formal steps towards its withdrawal from the Unified Patent Court project (UPCA).
Already in late February, the UK government made it clear that the UK would not participate in the UPC. Contrary to the position of the government led by Theresa May, confirming UK commitment to the UPC project, Boris Johnson has expressed a clear line, a very neutral relation to the EU post Brexit. This means also avoiding any form of Court of Justice of the European Union – CJEU involvement, something that would not be possible should the UK proceed with its commitment to the UPC.
The CJEU has a central role in the UPC agreement as the ultimate arbiter of EU law, and Article 20 of the agreement specifically states that the Unified Patent Court “shall apply Union law in its entirety and shall respect its primacy”.
| UK out of the UPC for good! |
The political will behind this step is firmly expressed in the parliamentary written statement in the House of Commons by Amanda Solloway (Parliamentary Under Secretary of State, Minister for Science, Research and Innovation ):
“UNIFIED PATENT COURT
I am tabling this statement for the benefit of Honourable and Right Honourable Members to bring to their attention the UK’s withdrawal from the Unified Patent Court system.
Today, by means of a Note Verbale, the United Kingdom of Great Britain and Northern Ireland has withdrawn its ratification of the Agreement on a Unified Patent Court and the Protocol on Privileges and Immunities of the Unified Patent Court (dated 23 April 2018) in respect of the United Kingdom of Great Britain and Northern Ireland and the Isle of Man, and its consent to be bound by the Protocol to the Agreement on a Unified Patent Court on provisional application (dated on 6 July 2017) (collectively “the Agreements”).
In view of the United Kingdom’s withdrawal from the European Union, the United Kingdom no longer wishes to be a party to the Unified Patent Court system. Participating in a court that applies EU law and is bound by the CJEU would be inconsistent with the Government’s aims of becoming an independent self-governing nation.
The Agreements have not yet entered into force. However, in order to ensure clarity regarding the United Kingdom’s status in respect of the Agreements and to facilitate their orderly entry into force for other States without the participation of the United Kingdom, the United Kingdom has chosen to withdraw its ratification of the Agreements at this time. The United Kingdom considers that its withdrawals shall take effect immediately and that it will be for the remaining participating states to decide the future of the Unified Patent Court system”.
The UPC Preparatory Committee has expressed its disappointment and informed that a new announcement concerning the effects of the UK withdrawal will be made in the coming days. It seems that after the German Federal Court adventure, the UPC is in need of some good news.
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