NEWS
EC aims to clear the way for unifi ed patent court
T e European Commission has proposed amending a set of
regulations to allow the
unifi ed patent court (UPC) to enter into force once it is ratifi ed.
According to a statement, the commission wants to update the rules on the jurisdiction of EU member state courts and the recognition of judgments from those courts, as laid down by the so-called Brussels I Regulation.
T e regulation is currently in force across the EU but will govern the UPC—the associated court system of the unitary patent (UP), which was signed in December 2012—so it must be updated before the UPC comes into force.
T e commission is proposing to amend the regulation to clarify how its jurisdictional rules will work in the context of the UPC, as well as how they should be applied to relations between EU member states, UPC members and those not signed up to the UPC agreement.
“By making changes to the rules on recognition of judgments, we are paving the way for the new UPC to begin its work,” said Viviane Reding, the EU’s justice commissioner.
Services commissioner Michel Barnier added: “T e political agreement of December 2012 marked a major breakthrough, but the UP will become a reality once the UPC is established. We need to achieve this as quickly as possible, and today’s proposal is another important step in that direction.”
T e UPC, the agreement for which has been signed by 25 EU member states, will adjudicate on disputes over UPs and European patents. It can enter into force only aſt er 13 member states (including Germany, the UK and France) ratify the agreement.
T e EC’s statement urges member states to sign the UPC agreement, as well as agree on its proposed amendments to the Brussels I Regulation, which the European Parliament must also approve.
Chris T ornham, partner at Taylor Wessing LLP, said the latest development was “very important” for getting the UPC working.
“T e Brussels regulation provides a framework for determining the correct jurisdiction to try a civil action. For example, in the case of patents, the Brussels regulation determines that validity
10 World Intellectual Property Review September/October 2013
www.worldipreview.com
©
iStockphoto.com / doram
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