Thursday, September 8, 2016

Does David Davis want to ratify the UPC Agreement?

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Article AmeriKat, Article Brexit, Article European unitary patent, Article Unified Patent Court, Article Unified Patent Court Agreement,

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The AmeriKat has shied away from blogging about the fate of the UPC and the UK's role in the UPC post Brexit because, frankly, no one really knows what is going to happen or when.  But a dear IPKat friend alerted her to the following exchange in the House of Commons on Monday between Cheryl Gillan MP and David Davis (Secretary of State for Exiting the European Union):

"Mrs Cheryl Gillan (Chesham and Amersham) (Con)
May I add my congratulations to my right hon. Friend; it is good to see him back in his natural habitat at the Dispatch Box. Businesses in the UK are concerned not just about access to the single market, but about other matters. A unitary patent and the proposed new Unified ​Patent Court has been eagerly anticipated by businesses, which currently have to file for separate patents in separate countries at great cost. The UK was due to ratify that later this year alongside Germany and one other country. Will my right hon. Friend give businesses the undertaking that the UK will ratify this agreement before the end of this year and that we will continue to play a full part so that British businesses benefit from being able to be part of a larger unified patent authority?

Mr Davis
For as long as we are a member of the European Union, which by the sounds of it will be at least two years, we will meet all our obligations and we will take our responsibilities extremely seriously, including the one that my right hon. Friend has outlined.

Mr Speaker
May I gently ask the Secretary of State to face the House? Sometimes his answers are not fully heard. They are heard by the person at whom he is looking, but not by the House.

Mr Davis

All I can do is plead inexperience."

Does this exchange mean that the UK is going to ratify the UPC Agreement soon?  The AmeriKat thinks it is unlikely, but cannot blame anyone who is looking for slivers of hope wherever they can find it.


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