Legislation to enable Unified Patent Court to open laid before Holyrood

Legislation to enable Unified Patent Court to open laid before Holyrood

Legislation to allow the Unified Patent Court to open in the UK has been put before the Scottish Parliament, The Law Society Gazette reports.

A statutory instrument (SI) which would confer legal personality on the court in the UK was put before Holyrood on 31 August.

A similar SI was laid before the UK Parliament on 26 June. However, it has not yet been debated at Westminster, with a date for this yet to be confirmed.

The UPC is open to EU member states but Poland, Croatia and Spain have declined to become part of the scheme.

The court will deal with disputes over unitary patents and, once operational, will have a base in Aldgate Tower in London.

It will also be able to refer issues to the European Court of Justice. However, the court is not an institution of the EU but rather “international court set up by an international agreement”, the Intellectual Property Office (IPO) said.

An IPO spokesperson said the order will take 54 days to progress through Holyrood.

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