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It is increasingly uncertain whether the proposed new Unified Patent Court (UPC) in Europe will come into operation in its current form. There is a two-fold risk to the future of the project: political considerations around Brexit in the UK, and an ongoing legal challenge to the proposed reforms in Germany.

The most likely scenario for the unitary patent and UPC system to survive the current challenges is for UK ratification to take place prior to 29 March 2019 and for the German constitutional complaint to be rejected by the Karlsruhe court in time for Germany to ratify prior to that date too. At the moment, there is a lot of uncertainty over whether those two eventualities will materialise. For further background please refer to our Out-law article here.

30 Oct 2021



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