07/04/2022
The Administrative Committee of the UPC have published documents confirming, as expected, that UK-based European Patent Attorneys can directly represent clients before the UPC.
We are in the third month of the so-called “Provisional Application Period” of the UPC, and preparations for the commencement of the UPC are well under way. Among the first acts due to be completed during this period were the inaugural meetings of the Advisory Committee, Budget Committee and Administrative Committee. During the first meeting, the Administrative Council adopted numerous documents setting out the rules that will govern the financial and procedural aspects of the UPC. These included the rules formalising which qualifications will allow a qualified European Patent Attorney to represent clients before the UPC.
The requirements for representation before the UPC are set out in Article 48 of the UPCA. According to Article 48(2) of the UPCA parties may be represented by European Patent Attorneys who are entitled to act as professional representatives before the European Patent Office and who have “appropriate qualifications” such as a European Patent Litigation Certificate. There was some speculation among members of the IP community as to whether the Administrative Committee would revise their definition of “appropriate qualifications” to exclude UK-based qualifications following Brexit.
However, any speculation has now been laid to rest by the publication of the finalised version of the Rules on Representation which includes a number of UK-based qualifications that will be accepted. Among these is the IPReg-administered “Intellectual Property Litigation Certificate” and the “Certificate of Intellectual Property” administered by Queen Mary University.
This update is welcomed by all in the patent profession, and confirms that all of our European Patent Attorneys at Reddie & Grose LLP with any of the existing UK-based qualifications will be able represent clients before the UPC, when it comes into force.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
