Milan steps into London's Shoes to host a Section of the Central Division of the UPC's Court of First Instance

Author Francesco Ungaro Licence CCO 1.0 Deed Source Wikimedia

 

Jane Lambert: 

It is ironic that the government of one of the countries that challenged the unitary patent and the establishment of the Unified Patent Court in Joined Cases C-274/11 and C-295/11, Kingdom of Spain and another v European Commission and others : [2013] EUECJ C-274/11 has just signed an agreement with the Unified Patent Court for Milan to host a section of the Central Division of the Court of First Instance of the Unified Patent Court (see The Italian Ministry of Foreign Affairs and International Cooperation's press release of 26 Jan 2024 Headquarters Agreement signed between Italy and the Unified Patent Court).

Painful though this announcement is for many of us who had been looking forward to practising before a pan-European patent court for the better part of our lives it was an inevitable consequence of the British government's reversal of policy on the Unified Patent Court between 2018 and 2020 (see Jane Lambert Volte-Face on the Unified Patent Court Agreement 29 Feb 2020 NIPC News).  In his capacity as Foreign Secretary the former MP, Boris Johnson, deposited an instrument of ratification of the agreement on World Intellectual Property Day 2018 which was nearly two years after the brexit referendum.  As soon as he became Prime Minister less than 2 years later he withdrew this country from the agreement.

The decision of the Administrative Committee of the Unified Patent Court to change all references to London in the UPC Agreement to references to Milan pursuant to art 87 of the Agreement was taken on 26 June 2023.  The launch of the UPC appears to have been a great success.  According to a report on the caseload of the court dated 1 Feb 2024  the Court of First Instance has received a total number of 217 cases and the Court of Appeal has received 11 appeals.

Anyone wishing to discuss this article may call me on +44 (0)20 7404 5252 during UK business hours or send me a message on my contact form.

Brexit Briefing - July 2017 - The Division of the Spoils

Jane Lambert

A bittersweet moment though, as with most things to do with Brexit, more bitter than sweet.

London is home to two important EU agencies, namely the European Medicines Agency and the European Banking Authority which we attracted to our capital in the face of stiff competition from the governments of other member states.  They employ a lot of local people, provide business for many local firms that employ a whole lot more and do some very useful work.

Because of HMG's determination to carry into effect the decision of a plurality of voters in last year's referendum, those institutions have to move. A decision on the procedure for relocation of EU agencies currently located in the UK was taken by the Council on the 22 June 2017. This is a four step process:

• Offers to host the institutions had to be submitted by 31 July 2017;
• The Commission will assess the offers and report on 30 Sept 2017;
• There will be a debate in October and a vote in November.

Considering that it took 7 years to bring the EMA to London it is all very sad.

According to the Commission's press release of 1 Aug 2017, the following cities have offered to host the EMA:

• Amsterdam (The Netherlands)
• Athens (Greece)
• Barcelona (Spain)
• Bonn (Germany)
• Bratislava (Slovakia)
• Brussels (Belgium)
• Bucharest (Romania)
• Copenhagen (Denmark)
• Dublin (Ireland)
• Helsinki (Finland)
• Lille (France)
• Milan (Italy)
• Porto (Portugal)
• Sofia (Bulgaria)
• Stockholm (Sweden)
• Malta (Malta)
• Vienna (Austria)
• Warsaw (Poland)
• Zagreb (Croatia).

Some 8 cities have offered to host the Banking Authority:

• Brussels (Belgium)
• Dublin (Ireland)
• Frankfurt (Germany)
• Paris (France)
• Prague (Czech Republic)
• Luxembourg-City (Luxembourg)
• Vienna (Austria)
• Warsaw (Poland).

Another institution that seems likely to move whether we can find a way to remain party to the Unified Patent Court Agreement or not is the Central Division of the Unified Patent Court even though it is all fitted out and ready for the first case (see Alan Johnson Relocation of London section of UPC central division after Brexit? 13 July 2017 Bristows UPC website). This is even more sad because no country stands to benefit more from the UPC than ours. I suppose the Lord Chancellor will find a new use for the Aldgate Tower suite if the UPC does have to move but it is a shame nevertheless. I had been looking forward to receiving a brief to appear before that court.

"So where's the sugar?" I hear you say. "You said that this was bittersweet."

Well, I guess there are two teaspoonfuls.  First, the launch of this Brexit blog which assembles all my previous writings and resources in one place.  Secondly, Helen Tse's book on Doing Business after Brexit to which I have contributed the chapter on intellectual property and data protection will appear on the 17 Aug 2017, Clarke Whitehill are holding a reception by Pro Manchester to launch the book on 20 Sept 2017.

If anyone wishes to discuss this briefing or Brexit in general, call me on +44 (0)20 7404 5252 during office hours or get in touch through my contact form.