The following IP practice note Produced in partnership with Bristows LLP provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is no longer maintained.
In 2020, the political and legal landscape changed with the UK’s withdrawal from the unitary patent (UP)/Unified Patent Court (UPC) system and the German Federal Constitutional Court’s decision to uphold a complaint against the UPC Agreement. It was unclear whether there would be political appetite to re-launch the UP/UPC project but serious delay was inevitable and many commentators suggested the project was dead for the foreseeable future. Consequently, this Practice Note was archived.
In July 2020, the UK made its final preparation to withdraw from the UPC project. The UK withdrew its ratification of the UPC Agreement and the UPC’s Protocol on Privileges and Immunities, and its consent to be bound by the UPC Agreement’s Protocol on Provisional Application. For more information, see the UPC Preparatory Committee announcement and LNB News 22/07/2020 33.
On 20 March 2020, the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) published the long-awaited decision by its full Second Senate regarding the UPC. In this decision (which was only available in German although the Court issued an English language press release), the constitutional complaint against the legislation required for Germany to ratify the UPCA was upheld. The key take home message was that the complaint was upheld
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The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
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This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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