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IP litigation and Brexit

13 June 2016

Giovanni Guglielmetti and Marco Blei discuss how the outcome of the referendum could affect the new EU-wide patent system

The outcome of the UK referendum on the EU will have a significant impact on many areas, including on a key competitive business tool: intellectual property (IP). This will be even more evident in light of the upcoming Unified Patent Court (UPC) and associated unitary patent (UP) systems, which will allow businesses to obtain a single, EU-wide UP and enforce it together with (non-opted out) European patents on a pan-European basis in a common European patent court, whose Central Division will be located in Paris, Munich, and London.

If the UK votes to leave the EU, it will not be able to ratify the UPC and, therefore, will not be part of the new patent system.

Although Brexit would not necessarily cause the UPC to ...

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