The Unified Patent Court: Help or Hindrance?
HC 1799, Sixty-fifth Report of Session 2010-12 - Volume I: Report, Together with Formal Minutes, Oral and Written Evidence
- House of Commons - European Scrutiny Committee
- TSO (The Stationery Office)
'The Unified Patent Court: Help or Hindrance? (HC 1799)' scrutinises the draft agreement on the Unified Patent Court (UPC), highlighting particular concerns about the effect it would have on small and medium sized businesses (SMEs).
The patent profession was overwhelmingly of the opinion that the current draft of the UPC agreement would actually increase litigation costs for SMEs and be far more burdensome than the existing system in the UK.
The overall aim of the UPC was to allow SMEs in particular to be able to obtain a single patent covering 25 countries at an affordable cost. However very few SMEs actually require protection in all 25 states and so cost savings would not be as great as was expected.
The Committee comments that it is vital the UK Government adopts a strong position reflecting the concerns of practitioners in the final negotiations of the agreement, as well as calling for the Central Division of the UPC to be in London, in order to mitigate the most damaging effects of a unitary EU-wide patent.
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