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Unified Patent Court (UPC) preparation can now start as requisite 13th Member State (Austria) ratifies the PAP-Protocol

Published on January 19, 2022 by Seiko Hidaka and Gordon Harris

Unified Patent Court (UPC) preparation can now start as requisite 13th Member State (Austria) ratifies the PAP-Protocol

The Protocol to the Agreement on a Unified Patent Court on provisional application (PAP-Protocol) provides that it will “enter into force the day after 13 Signatory States of the Agreement on a Unified Patent Court including Germany, France and the United Kingdom have…ratified”. Despite the UK’s withdrawal from the UPC project, it has now come into force following Austria’s ratification meaning preparation to implement the UPC can begin. The main steps are:

  • 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

The rules of procedure of the UPC will also need to be finalised. Once the Court looks ready, Germany will deposit its instrument of ratification of the UPC Agreement. The UPC will open on the first day of the fourth month after the completion of this ratification process. The official UPC website says that the preparatory phase will take “at least 8 months”.

About the author(s)

Photo of Seiko Hidaka
Seiko Hidaka
See recent posts

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

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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.

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    Who controls your opt-out?

Filed Under: Blogs, The Unified Patents Court in Europe Tagged With: Intellectual Property, PAP-Protocol, 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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