Alexander Ramsay, the newly elected Chair of the Preparatory Committee and Deputy Director at the Division for Intellectual Property and Transport Law Ministry of Justice in Sweden, talks about the latest developments of the Unitary Patent package in an interview published on 15/12. Here is a summary of the activity of the Preparatory Committee and the last steps that must be taken before the entry into force of the UPCA:
Introduction date of the Unitary Patent Package:
The Preparatory Committee is trying to conclude its preparatory work by mid-2016. This will then be followed by “a period of provisional application of at least 6 months where after the UPC Agreement can enter into force and the Court become operational. However to start provisional application 13 Member States, including France, Germany and the United Kingdom, will need to ratify or at least get parliamentary approval to ratify the Agreement.”
Latest development of the UPC:
- The Rules of Procedure were agreed, but will need to be amended when the Committee agrees on court fees and the ceilings of the recoverable costs.
- The Committee conducted a consultation on the court fees and the ceilings of the recoverable costs and is now considering the outcome and working on an adjusted proposal.
- Development of IT is on track. IT system will start to be “tested, fine-tuned and adjusted” in the beginning of 2016.
Costs and Fees:
- The Preparatory Committee “is likely to be able to conclude its work in December 2015 on the level of the renewal fees, the distribution of income from the renewal fees and the implementing rules“.
Protocol on the provisional application of the UPCA:
- The provisional agreement on the UPCA will allow for the organisation and all the formal organs of the Court to be formally established.
- This will allow for all decisions to be taken “in the good order prescribed by the Agreement, e.g. employ judges, form a Presidium and elect the two Presidents”.
- It will also allow the judges to prepare and test run all the systems before the entry into force of the Agreement.
- Finally, it will also be possible to file opt-outs at the Registry. The opt-outs will therefore be effective from the first day of the entry into force of the Agreement.
The overview of the 13th meeting of the Preparatory Committee can be seen here.