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CIPA welcomes possibility UK will remain within UPC after Brexit


The Chartered Institute of Patent Attorneys (CIPA) has welcomed news that the UK Government intends to consider the possibility of Britain remaining in the Unified Patent Court (UPC) after Brexit.


The Government has published a White Paper exploring the possibility and the future relationship between the UK and the EU regarding the UPC.


CIPA President Stephen Jones said:


“CIPA welcomes the Government’s continued commitment to the establishment of the Unified Patent Court (UPC) – and to exploring options for the UK’s continued membership of it after Brexit.


“The White Paper acknowledges the benefit to business of the UPC in providing a streamlined process for enforcing patents through a single court. It therefore says that the UK will work with other contracting states to make sure the Unified Patent Court Agreement can continue on a firm legal basis.


“The White Paper also says that the Government will explore other options on intellectual property after Brexit, including participation in the unitary patent system. 


“CIPA also welcomes the commitment to future cooperation on IP to give right holders a confident and secure basis from which to operate in and between the UK and the EU.”


CIPA has also said that the latest European qualifying examination (EQE) results have demonstrated the high quality of the UK’s patent attorneys and the high standards being attained by the UK in training patent attorneys “year-on-year”.


CIPA says that the 2018 results “continue a clear trend of UK candidates outperforming their counterparts in Germany and France by considerable margins across all EQE papers”.


The widest differences in the 2018 results occurred in paper D, which the EPO says aims to “assess candidates’ ability to answer legal questions and to draft legal assessments”.


The pass rate for UK candidates (62%) was more than double that of German candidates (25%) – and significantly higher than that of French candidates (35%).


CIPA President Stephen Jones said that the high quality of UK training, provided by CIPA members and supported by CIPA, was central to UK candidates consistently performing so well in the EQE.


“The excellent performance of UK candidates in the EQE is a clear indication of the first class service that clients of the UK’s European Patent Attorneys can expect to receive,” he added.



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