The chief Brexit negotiator for the European Union, Michel Barnier, has implied that the arm of the Unified Patent Court (UPC) set to reside in London may be up for reconsideration by the EU, in a clear sign that the UK may not be able to participate in the court.

Mr Barnier comments that ‘infrastructures linked to the status of being an EU member’ will have to be displaced. ‘We are going to look at all these infrastructures, including the one related to the European unitary patent’.

The UK Intellectual Property Office continues to emphasise that, despite being linked to the EU, the UPC is ‘not an EU institution’, and instead refers to it as an ‘international court’. This reflects the generally positive attitude from UK-based IP solicitors and IP attorney firms which believe the UK can still be a part of the UPC in the event that the UK leaves the EU. 

For further information and updates, please refer to our UPC webpage, here.