TODAY we have some very good news.
"And just like that another door closes on the UPC, making or marking the end of an era.""Politically," Dr. Bausch commented, "I would respectfully submit that this is just madness."
Jan Van Hoey said in the sole and first comment: "Not mentioning the 4 other constitutional complaints against the EPO for violation of the “rule of law” (art2 TFEU), the EPO cannot be sued for maladministration. So the BMJV knows about those 4 pending cases, but want to mull the UPCA through because the Brexit transition period ends on 31st December 2020. I guess Mr Breton will find a legal way to say the UK is out of the UPCA by the 1st January 2021. He could just recall the decision of the FCC saying the UPCA is only open to EU member states."
It has meanwhile emerged (a very short time later) that there's a "UK Withdrawal from the UPCA"; UPC 'central' says:
Today the UK made its final preparation to withdraw from the Unified Patent Court project. A deposit of the withdrawal notification of ratification has been deposited with the Council Secretariat. In addition, there has been a parliamentary written statement in the House of Commons by Amanda Solloway (Parliamentary Under Secretary of State, Minister for Science, Research and Innovation )...
The UK has notified the secretariat of the European Council it withdraws its ratification of the Unified Patent Court Agreement. This has just been announced by the UPC Preparatory Committee.
For the last nearly one thousand years the national security of England has been based on playing off one European mainland Power against another. In the few years of its EU membership, this was tempered by the need to engage, to get EU law-making rational and efficient. But now that the UK is out of the EU it can revert to its thousand year old task of messing up unity on The Continent. Keep that in mind when pondering UK conduct vis a vis the UPCA.
And without the UK as the “third member of the committee” of the Big Boys Club of the EU, with London no longer deciding pharma/biotech cases for the UPC, in patent matters ongoing, Germany and France are free once more to bicker over issues such as “Shall Paris or Munich call the shots”. What we are seeing now is a struggle for supremacy between the governments of France and Germany. As Attentive points out, fine for big industry, but not so helpful for the SME sector. Isn’t there some saying or other about elephants fighting and mice getting ground into the dust?
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”.
UPC boosters will tell us Germany can go ahead with the ratification, and that the UPCA can enter into force anyway.