02 December 2011

Seat of the Unified Patent Court to be Determined Comming Monday?

It appeast the race for the seat of the future Unified Patent Court is going between London and Munich. While the German Government mad its bit for Munich already months ago, the Cameron administration needed to be pushed by professionals lately (e.g. by LES-UK and IP Foundation) to finally make its bit for London.

As we knew that the seat of the Patent Court is scheduled to be announced on 22 December 2011 in Warsaw at the end-of-Presidency ceremony (see here), we now got aware of the fact that the decision may be drawn (but disclosed?) already at the Competitiveness Council meeting comming Monday, 5 December, as reported by ksnh::law in today's posting titled "Memo for Competitive Council Meeting on 5, 6 Dec 2011 names 'Seat of the future Unified Patent Court' as Controversial Issue", refering to today's press release (MEMO/11/864) announcing that
"the Polish Presidency will present for agreement a number of outstanding, politically sensitive issues including the seat of the future Unified Patent Court [...]." 
This, however, does not necessarily mean the Ministers be able to agree on a Court seat (neither that the seat is disclosed when they are able to find one - but nowadays leaking is very popular), such highly political issues are very often left for the Heads of Government, who will meet again on 8/9 December at the Brussels EU Summit.

The debate is scheduled to start Monday morning at 9:30 with the proposal for the regulation implementing enhanced cooperation in the area of the creation of unitary patent protection and the applicable translation arrangements (see agenda) and to continue the examination of files related to the creation of unitary patent protection and of a unified patent litigation system in the afternoon (see background note).

The debate and the related press conferences after lunch and a the end of the evening session will be webcasted so that "thousands of patent lawyers, academics, judges and Kats across Europe [will hold] their breath....", as the IPKat put it.

As I am a little biased and would appreciate to have the new Court within subway distance, I do wish London, the city where I once studied, all the best. By the way, if I understand the reports on the London bit right, it appears to relate to the Central Division of the Court of 1st Instance only. Wouldn't it be salomonic to have the Appeal Court in Munich then?