In a speech to mark World IP Day, the British Government's
IP Minister, Sam Gyimah, announced that the UK has ratified the
Agreement on a Unified Patent Court.
The question of whether the UK will seek to remain a member of
the UPC after Brexit is still open, as is the question of whether
this is legally possible. Ratification of the Agreement is,
perhaps, a hint that the UK will seek to negotiate continued
membership, even if the longer-term picture remains unclear.
Only German ratification now remains necessary for the UPC
Agreement to enter into force. The "Constitutional
Complaint" which is currently hindering German ratification is
on the Federal Constitutional Court's list of cases to be
decided in 2018, although it is possible that the case could slip
into 2019 or later; or that, even if it is heard in 2018, a final
decision might take some time.
