As widely reported, CIPA was informed on 27 February in a personal telephone call to President Richard Mair by IPO CEO Tim Moss that the government will no longer seek to participate in the Unitary Patent ('UP') or Unified Patent Court ('UPC') system. Despite the UK government having ratified the UPC Agreement back in April 2018, on World IP Day no less, for many such a decision to pull back is not entirely unexpected given the inevitable jurisdiction of the Court of Justice of the European Union ('CJEU') over states participating in the new system. In this article, HGF Partner Leythem Wall discusses this in more detail.
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