The Unified Patent Court and the UK. A Glimmer of Hope for a Softish Brexit?
Monday 13 March 2017
6.30 - 8 pm, followed by drinks
The River Room, King's College London, Strand Campus
CPD accredited with 1.5 points
Dr Christopher Stothers – What is the UPC?
Christopher is a partner at Arnold & Porter Kaye Scholer LLP and an experienced litigator on strategic, cross-border patent disputes (including opposition work before the European Patent Office). He is also a Visiting Professor in Intellectual Property and Competition Law at University College London.
“The proposed Unified Patent Court (UPC) is an international patent court which will include UK judges. It will hear pan-European patent disputes which at present are typically heard country-by-country (under the Brussels Regulation). Under the UPC Agreement, the UPC must respect European Union law and cooperate with the CJEU by relying on its case law and making references. However, the CJEU previously considered a proposed European and Community Patents Court, which also allowed references to the CJEU, and found it in breach of EU law, apparently in part because it included non-Member States of the EU. Can the UK participate in a UPC which relies on and refers to the CJEU? Can the EU participate in a UPC which the UK participates in? ”
Dr Luke McDonagh - What is the substantive role of the ECJ in the UPC?
Luke is a Lecturer in The City Law School at City, University of London, where he undertakes research primarily in the area of Intellectual Property Law. Before taking up this position in September 2015 he was a Lecturer in the Law School at Cardiff University from 2013-2015 and before that he was LSE Fellow in the Law Department at the London School of Economics. During 2014-15 he was a Visiting Scholar at Waseda University Law School, Tokyo, Japan.
“While the European Patent Convention remains outside of EU law even within the Unified Patent Court (UPC) system, the fact remains that there are several pieces of patent-related EU legislation, including the Biotech Directive, and regulations covering Supplementary Protection Certificates. For this reason there are several important questions - concerning the nature of patentable biotechnological inventions and the extension of patent protection for pharmaceutical inventions - that may require the UPC to request rulings of the CJEU.”
Prof Duncan Matthews - How can we make it work post-Brexit?
Duncan is Professor of Intellectual Property Law at the Centre for Commercial Law Studies, Queen Mary University of London. He has acted as an advisor to the European Commission, the European Parliament, the European Patent Office, the UK Government and the United Nations.
“Three key questions arise in relation to the participation of the UK in the UPC post-Brexit. What arrangements could be put in place so that the UK could participate in the UPC post-Brexit? How might the Regulation on the European Patent with Unitary Effect apply to the UK post-Brexit? What would happen should the UK decide to leave the UPC after ratification?”
The presentations will be followed by a discussion before attendees are invited to join the speakers for a glass of wine.
Places are limited so please secure yours by emailing Kerstin.Wachholz@kcl.ac.uk
Fee: UKAEL members £15, general public £25, students £5
Payment can be made online to our account
UKAEL, NatWest, Code 56-00-13, Account No: 36623628
For those of you who missed the UKAEL Annual Lecture by Professor Michael Dougan
“Brexit Means What? The UK Outwith the EU and the EU Without the UK"
see here for the full text
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