Partner Rowan Freeland, head of the firm’s intellectual property group, led a consortium comprising the IP Federation (the industry body representing IP owners), the Chartered Institute of Patent Attorneys (CIPA) and a number of law firms who have a specialisation in patent litigation, in obtaining the advice on whether the UK may legally remain part of the UPC after leaving the European Union.
The Opinion was delivered by Richard Gordon QC (Brick Court Chambers), a specialist in constitutional and EU law and his colleague Tom Pascoe. The Opinion states that so long as the UK (but only in matters within the jurisdiction of the UPC) is fully bound by EU law, it may legally remain part of the Unitary Patent Court.
Commenting on the initiative, Rowan Freeland said: “There has been a great deal of speculation over the future of the Unified Patent Court following the result of the UK Brexit referendum. A key issue for policymakers, industry and the professions is whether the UK could continue to participate in the new court after leaving the EU. I was keen that we should get an Opinion on this question from Counsel who had no personal stake in the future of the UPC and who could provide objective advice on the issues. Their Opinion is admirably clear in its analysis, and helps set the agenda for the political debate.”
Simmons & Simmons is uniquely placed to advise clients on appropriate strategies to get their European patent portfolios, technology licences and R&D agreements “UPC ready”, as well as advising on European litigation strategy, as Kevin Mooney, a long standing partner at the firm, is the only UK lawyer who is a member of the Expert Panel advising on the implementation of the UPC project.
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