THE UPC (Unitary Patent) has a lot to do with the unprecedented chaos at the EPO (see background to this), by the EPO's very own admission. The UPC, created and pushed by Team UPC (not representatives of public interests at all, just a group of circling vultures), is just about as bad as those notorious 'free' 'trade' 'deals' (none of those things), such as TPP and TTIP. Secrecy was all along needed in order to keep everyone but the self-serving conspiracy in the dark, unable to weigh in, antagonise, and report wrongdoing.
Unlike many of the UK law firms [like Bristows] who quickly climbed on board the Brexit bandwagon, the UK's Intellectual Property Office has been understandably and notably silent. For the past several weeks they have been in listening mode as they hear from stakeholders about their post-referendum concerns. Today, they have published a short guide called "IP and Brexit: The Facts" to dispel the speculation on the future of IP law following the referendum result. The main message is "The UK is still part of the EU so your EU-derived protections continue and we are considering various post-Brexit options". Unsurprisingly, the brief is short given that the fate of EU-made rights will be determined by the ultimate relationship between the UK and EU.
On patents, the UK IPO confirmed that it was business as usual for UK businesses applying for patents at the EPO and that the referendum result will not impact the European Patent Convention (EPC).
One comment in IPO's post Brexit communication says "The UK remains a Contracting Member State of the Unified Patent Court at present".
According to the same statement: "There will be no immediate changes" does not give the impression that a quick ratification is on the tablets, as this would be an immediate change.
When considering the overall tone of the the statement, IPO's first preoccupation seems to lie more in seeing how to leave the existing system of EU laws and regulations on IP matters so that the rights of UK IP owners are protected, rather than trying to add a further problem, UPC, on all the issues which will have to be settled. As far as patents are concerned, the way to the EPO is not changed by the Brexit. A strong enthusiasm for the UPC sounds differently.
When looking at the long list of duties of Baroness Neville-Rolfe, IP does not look as it will be at the top of her priorities.
May be something to reflect upon?
B eing as UPC stands for UP the creek without a Canoe R eally not much else we can do E PO Sun King and Grand Master X claims it is an almighty disaster I t is the one good thing to come out of the vote T hat Batters now has a huge hole in his boat
I agree that the fact that the Baroness has been assigned more responsibilities does not suggest that a great deal of time and effort will be expended by the government upon IP issues (be they Brexit-related or otherwise).
This perhaps indicates that we can expect some delays in decision-making, including on the UPC. This may be compounded by the fact that there will be more pressing matters for the UK to resolve in connection with trade marks, designs and copyright.
These issues aside, I doubt that the IPO's statement could be said to provide any hints one way or the other with regard to the UPC, which is likely to remain somewhat of a "complicated" issue in the coming months. So I guess that we will all just have to wait and see.
I think some of these people need to remember that ministers have tended not to stay with IP for any period of time. The Baroness keeping the IP mandate is to be welcomed, even if she has further responsibilities. She knows the stakeholders and the issues, and can be a good ear even if she leaves some aspects to others.
Of course, the shape of the outcome is not really dependent upon IP - it will be shaped by other concerns, and IP will find a way. I guess if you are looking at unusual infringements of trade marks, start the action now whilst judges have to apply EU principles!