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An opinion from counsel requested by the IP Federation, the Chartered Institute of Patent Attorneys and the Intellectual Property Lawyers Association supports the position that although there are numerous legal hurdles, the UK could continue to participate in the unitary patent system after proceedings to leave the EU are completed. In his opinion, Richard Gordon, QC of Brick Court Chambers, highlighted that some of the main obstacles to the UK continuing to participate in the development of the unitary patent system are in fact political and not legal. Furthermore, if the UK continues to participate in the new patent system there is no reason why the life sciences section of the Central Division of the Unified Patent Court should not remain in London. Richard Gordon QC’s opinion can be found here.

7 Oct 2019