Alexander Ramsay (Chairman, UPC Preparatory Committee): "The UPP/UPC can help the EU to stay competitive in the global environme

Leaders League. What has your involvement been in developing the Unitary Patent Package, and where are you now?

Alexander Ramsay. The patent package has 2 parts: the Preparatory Committee oversees the court part, the UPC. It goes without saying that a reliable court is an elementary part of the patent protection system. I’ve been working on the project since 2008, first as a Swedish delegate and now chairing the UPC Preparatory Committee which was inaugurated in March 2013. Now we are in the final stretch of the work of the committee, and we are hoping to step into the next stage – the Provisional Application Phase - in May. This phase, which is dependent on the member states fulfilling their obligations to ratify the Court Agreement and approve of the protocol on Provisional Application, will mean the court will be an international organization and thereby able to finalize the last preparations as for example the finalization of the recruitment of judges. The provisional application will in turn hopefully make it possible for the court to be open for business by the end of 2017.

Leaders League. What benefits does the new system bring?

The new system will provide users with another option for patent protection. It will provide comprehensive patent protection in Europe which has been lacking until now. Now it will possible to get, via our one-stop-shop, patent protection in all participating member states, and in cases of patent litigation, get a judgement with the geographical coverage of all the participating member states, establishing a true unitary jurisprudence. It will provide a simpler and more cost-efficient route to wide-reaching patent protection in Europe.

Leaders League. Is the UPP aimed at large companies, or will it also benefit SMEs?

What you have with the UPP/UPC is a very good system for any company who would like patent protection in more than 3 member states. The cost of the UPP renewal fees is the equivalent to the price of the renewal fees you need to pay for patent protection in 4 member states as of today. But that’s just the basic cost – under the current system you need to validate your European patent in each state where you wish to benefit from patent protection. This normally require you to pay administrative fees, attorney fees and in many cases also pay for the translation of the patent.  If you only operate, and thus only want patent protection, in 1 or 2 member states, you may find the old system is more beneficial. What is great is that it provides a choice.

Leaders League. What are some of the biggest challenges you have faced chairing the Preparatory Committee?

The Preparatory Committee has been established by all signatory states, meaning there are delegates from all the member states at the table. Naturally there have been many difficult parts in coordinating the operation of establishing the court - we have been creating a brand new legal order. It’s been carried out in a very transparent and inclusive manner where all member states have been part of the process. Some areas, for instance the rules of procedure, have faced more public scrutiny than others. There are almost 400 rules and to merge and incorporate the best of the various legal orders has been a tremendous challenge. Another big issue was levelling the fees for the court. The aim is for the court to be completely self-financing within seven years. However, you want the fees to be low enough for the court to remain accessible. It is very difficult to assess how many cases the court will have and how frequently it will be used. Recruiting all the judges is hugely important but has also been challenging due to the sheer quantity of recruitments we must make at one time. We have had a significant interest in becoming a judge at the UPC – we are in the process of prescreening around 850 potential candidates.

Leaders League. How about negotiating the UK’s membership following Brexit…?

I wouldn’t call those negotiations per se. When the referendum result was a fact, people, including myself, were quite shocked. After the referendum, it is still a fact that the UK remains a part of the EU until they formally depart. It is also a fact that the UK is still a signatory state to the UPC. So, it essentially remained in the hands of the UK what they wanted to do regarding their membership of the UPP/UPC. In my opinion, it was a good and well informed decision of the UK government to decide to proceed with ratification of the UPP. Exactly what will happen and the arrangement once the UK leave is a much bigger issue, though it has been deemed possible by various experts in the field that it is possible for the UK to remain a part of the UPC and UPP also after a withdrawal from the EU. In my view, the UK has shown that they would like to participate in the UPP/UPC long term by their decision to ratify. I think it is a very good and strong signal from the UK about their confidence in the system.

Leaders League. Do you think the current state of innovation in the EU is competitive in the global market?

I think so, yes. There have been studies conducted by the commission, the EPO and the EUIPO where you see impressive figures as to how important innovation is to the economy of Europe. As such, innovation, and being able to stay at the forefront of innovation is very important for Europe. We have a great position in the world today, but it is not self-evident that we will stay there. We need to fight to remain competitive – the UPP/UPC can help the EU to stay competitive in the competitive global environment.

B.F.

Find more analysis articles & interviews in our 2017 Innovation, Technology & IP Report.