UK House of Lords committee approves UPC Order

December 7, 2017

On the 6th of December the House of Lords Grand Committee has approved the draft Order on Immunities and Privileges of the Unified Patent Court, meaning the UK will probably be ready for ratification of the UPC Agreement by early 2018.

The Unified Patent Court (Immunities and Privileges) Order 2017, which provides the court and its staff the necessary privileges and immunities, was presented to the Grand Committee by Lord Henley, parliamentary under-secretary of state in the Department for Business, Energy and Industrial Strategy.

After the House of Commons’ Sixth delegated Legislation Committee discussed the Order on the 29th of November, it was officially approved by the House of Commons on the 4th of December.

Brexit
Just like MP Johnson did in the House of Commons, Lord Henley stressed the importance of the UPC and its court for the UK. He also mentioned that the Governments commitment to proceeding with preparations for ratifications ‘should not be seen as pre-empting the negotiations on leaving the EU’.

He added: ‘Although the UPC is not an EU institution, our future relationship with the UPC will be the subject of negotiations as we leave the EU. Our efforts will be focused on getting the best deal possible.’

The entire transcript of the debate can be found here

The House of Lords now also still needs to go through the step of official approval. Which is likely to happen this year, maybe even next week. The last hurdle before ratification is possible, is the Privy Council, which will examine both the Order and its Scottish counterpart in early 2018.

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