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LoupedIn

One more UPC Signatory State to ratify the PAP Protocol

Published on October 7, 2021 by Seiko Hidaka and Gordon Harris

One more UPC Signatory State to ratify the PAP Protocol

In our last post on this topic we reported that Slovenia had ratified the Unified Patents Court Agreement, bringing the whole process slightly closer.

It is now clear that Germany has completed the ratification process, meaning that only one more country needs to ratify in order to start the final preparations moving. Business Europe is reporting that both Austria and Malta are close and expect to be completing ratification by the end of this year.

The timeline to UPC implementation is as below:

UPC Implementation timeline

After the final ratification, the Provisional Application Period will start, estimated to take between six and ten months during which preparatory steps for the UPC Implementation will take place. This means that the prospects of the Unified Patents Court and the Unitary Patent coming into force before the end of 2022 are getting stronger all the time. The language now being used is “in the second half of 2022”.

The preparatory steps required include:

  • Agreeing the venue for the third court in the Central Division (following London’s departure)
  • Ironing out issues with the case management IT system
  • Appointing judges, administrative staff, and arbitrators/mediators

As the certainty of the UPC/UP is now almost settled, thoughts will turn to practical steps for owners of European patents. We will be commenting on the “opt out” system and some of the strategic issues in play in the forthcoming posts. The opt out system allows European patent owners to remove the European patent out of the UPC system.  It is possible to carry this out as early as before the commencement of the UPC, during the Sunrise Period.

About the author(s)

Photo of Seiko Hidaka
Seiko Hidaka
Legal Director at Gowling WLG | See recent posts

Seiko Hidaka is a patent litigator with an international outlook, known for horizon scanning and thought leadership.

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    Gearing up for UPC Implementation one step closer as Slovenia ratifies the PAP Protocol
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    Give support to your favourite judges for the UPC
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    One of the three UPC treaties, the Protocol on Privileges and Immunities of the Unified Patent Court (PPI) is now in force despite Brexit issues
  • Seiko Hidaka
    https://loupedin.blog/author/seikohidaka/
    What is "Opting Out" and why does it matter?
Photo of Gordon Harris
Gordon Harris
Of Counsel - Global IP Leadership at Gowling WLG | View Profile | See recent posts

Gordon Harris is part of the Global IP Leadership Team for Gowling WLG, working across all the firm's offices to help build the practice and develop new specialisms.

  • Gordon Harris
    https://loupedin.blog/author/gordonharris/
    Patents in 2020 – The year in review
  • Gordon Harris
    https://loupedin.blog/author/gordonharris/
    Gearing up for UPC Implementation one step closer as Slovenia ratifies the PAP Protocol
  • Gordon Harris
    https://loupedin.blog/author/gordonharris/
    Who controls your opt-out?
  • Gordon Harris
    https://loupedin.blog/author/gordonharris/
    What is "Opting Out" and why does it matter?

Seiko Hidaka and Gordon Harris

Filed Under: The Unified Patents Court in Europe Tagged With: business europe, Intellectual Property, IP, PAP, pap protocol, Patents, unified patents court, UPC

Views expressed in this blog do not necessarily reflect those of Gowling WLG.

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LoupedIn is the Official Gowling WLG Blog. Gowling WLG is an international law firm comprising the members of Gowling WLG International Limited, an English Company Limited by Guarantee, and their respective affiliates. Each member and affiliate is an autonomous and independent entity. Gowling WLG International Limited promotes, facilitates and co-ordinates the activities of its members but does not itself provide services to clients. Our structure is explained in more detail on our Legal Information page.

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