AIPPI issues declaration regarding its position on the Unified Patent Court

Following the United Kingdom's announcement in early 2020 that they would not participate in in the Unified Patent Court Agreement (UPCA), there has been uncertainty as to the redistribution of cases which, according to Article 7(2) and Annex II of the Unified Patent Court Agreement, would have been allocated to the London section of the central division of the Unified Patent Court. 

It appears that the current plan of the UPC Administrative Committee is to go forward with launching the Unified Patent Court without first resolving the issue of redistribution of the cases previously intended for the London section of the central division of the Court (chemical cases etc.). It appears that at the outset, the cases in question would be temporarily relocated to the Paris and Munich sections of the central division, without amendment to Article 7(2) and Annex II of the UPCA. Only after the Court has been put to life, the Member States would be expected to discuss and hopefully resolve politically how Article 7(2) and Annex II of the UPCA may be amended to determine a formal and permanent relocation of the sections of the central division of the Court and of the distribution of cases between the sections of the central division.

Against this backdrop, and in the interest of users, legal certainty, efficiency, and successful launch of the UPC, AIPPI strongly recommends in its declaration that a reasoned decision be made and published as to the relocation and/or redistribution of cases that would have been allocated to the London section of the central division of the UPC. AIPPI recommends that such a decision is made as soon as possible and before the necessary legal steps enabling the final entry into force of the UPCA are taken. 

Kromann Reumert continues to monitor and report on the developments of UPC and its entry into force.

Read AIPPI's declaration