A short update on the UPC next milestones:

Written by Louise AMAR   // 29 May 2017   // Comments Off

Estonia ratification of the UPC Agreement

Although the entry into force of the UPC Agreement will be delayed by the UK’s general elections, the time is opportune to do a short update of the next milestones before the UPC becomes operational:

As soon as the required number of member states signatories to the Provisional Application Protocol is met, the provisional application phase will start.

The Protocol will enter into force after 13 states, that have already signed and ratified the UPC Agreement, approve the Protocol. So far 14 states have signed it or declared being bound by it. However, only 8 of them have already ratified the UPC Agreement. The Protocol will allow for some institutional, organisational and financial provisions of the UPC Agreement to be implemented before the Agreement enters into force. It will notably allow for the Court to have legal personality. It will also allow for the Administrative and Advisory Committees to make necessary preparations before the entry into force.

During the provisional application phase:

The Administrative Committee must appoint judges form the shortlist published by the Advisory Committee.

The Administrative Committee must also ensure that the IT and Case Management System are finalised and tested. This should ensure that they are ready for the Court opening.

The Budget Committee must approve the Court’s budget endorsed by the Preparatory Committee in its 17th Meeting (July 2016).

The EU Commission will be requested to give its opinion on the compatibility of the Rules of Procedure with European Union Law.

Once the compatibility is confirmed, the Rules of Procedure will be adopted by the Administrative Committee of the UPC.

Between July and September 2017:

The UK and Germany, two of the three contracting member states upon which the entry into force of the UPC Agreement is conditional must ratify the said Agreement. The UPC Agreement has already been ratified by 12 contracting member states, including France. It will however only enter into force once 13 contracting Member States, including France, Germany and the UK ratify it.

In September 2017 -or after the UK and Germany ratify the UPC Agreement- the sunrise period for opt-outs will start.

This will give approximately three months to businesses to make any adjustments to their IP strategies. During this time patent owners will be able to register their opt-outs through the UPC Case Management System. It might also be possible for patent owners to apply to the EPO for unitary effect. This however still has to be confirmed by the EPO.

Finally, in February-March 2018 the UPC should become operational. (See our post on how the UK’s late ratification of the UPC Agreement will delay the start of the UPC)

 

 

 


Tags:

Provisional Application phase


Similar posts

Comments are closed.

    There are no comments

Advocate General

AIPPI

Alignment

Article 83

Belgium

Bifurcation

Brexit

Brussels I Regulation

Chronology

Committee

Consultation

Court Fees

Damages

Discussion

Draft Rules of Procedure

e-Filing prototype

Entry into Force

EPO

EU Legislation

EU Regulation 1257/2012

EU Regulation 1260/2012

European Commission

European Parliament

european patent

European Patent Convention

Event

Evidence

Germany

Infringement

Interim Measures

Italy

Key dates

Legal certainty

Legal framework

Licensees

London

Malta Problem

Mediation

Mock Trial

Opt-out

Oral Procedure

Order for inspection

Order to preserve evidence

Patent Attorneys

Patent Cooperation Treaty

patent regime

Patent Trolls

Portugal

Preparatory Committee

Protective Measures

Protocol to the Agreement on a Unified Patent Court

Provisional Application phase

Provisional Measure

Public Consultation

Recoverable Costs

Renewal Fees

Representation

SME

Spain v Council of the EU

Start of Proceedings

Summaries and Guides

Summary

Supplementary Protection Certificate

survey

Training

Transitional period

Translation

UK

UK rat

unitary effect

Unitary Patent

Unitary Patent Protection

United Kingdom

UP overview

UPC

UPC Agreement

UPC Appeals

UPC Austria

UPC Candidate Judges

UPC Case Management System

UPC Code of Conduct

UPC Competence

UPC Conference and Workshops

UPC Denmark

UPC Divisions

UPC Draft Rules Procedure

UPC France

UPC Languages

UPC News

UPC operational

UPC overview

UPC Preparatory Committee

UPC Procedure

UPC Ratification

UPC Sources

UPC Sources of Law

UPC structure

UPC Timetable

Videos

Webinar