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The Unified Patent Court (Immunities and Privileges) Order 2017 was approved by the House of Commons on 4 December and the House of Lords on 12 December. The Order confers legal capacity and grants immunities and privileges on the UPC and its representatives, judges, registrars and staff. It is the final piece of legislation that needs to be passed for the UK to ratify the UPC Agreement. To come into law, the Order must first be approved by the Privy Council, due to meet next in February 2018.

A spokesperson for the Intellectual Property Office confirmed that approval of the Order would be the final legislative step necessary for UK ratification of the UPC Agreement  but that the actual date and process of UK ratification will be subject to discussion within the UK government, adding that “our future relationship with the Unified Patent Court will be the subject of negotiation as we leave the EU.” For further background please refer to our Out-law article here.


21 Dec 2019