UK lawyers are backing London as the home of the new European patents court, saying that the capital is a perfect fit.
The UK is going head-to-head with Germany, which has proposed that Munich, where the EU’s patent office is already located, should be the home of the new court.
Backing the argument for a UK base, Taylor Wessing patent partner Simon Cohen said that as English is the predominant language of science and scientists, a London-base would attract users of the European system from all over the world.
“The UK also has strong patent attorney, solicitor and barrister professions with specialist patent courts and patent judges,” Cohen said.
“For these reasons, I would expect that basing the court in London would get firm support from the Americans among others, who are heavy users of the European patent litigation system.”
Allen & Overy IP litigation partner Huw Evans argued that the EU patent court would find a natural home in a country that already has a world-class court system.
“In the UK there’s already much experience and know-how, not just in the area of patent law but also in the management of world-class court systems,” he said.
“London’s already an internationally renowned centre for international dispute resolution. The EU patent court would work here. “
Marks & Clerk Solicitors IP partner William Cook said that as the European Patent Office is already located in Munich, many are rooting for London.
However, he warned that the this should not overshadow the wider issues surrounding the new patent court, namely that infringement cases may be started in any designated court around Europe, and that it still seems that the European Court of Justice will be the final court to arbitrate questions of infringement law.
A decision is expected as the end of the year.
For more, see Opinion.
Readers' comments (6)
Anonymous | 13-Dec-2011 11:42 am
It's obviously going to go to Germany.
On merit it would come to London. However that doesn't count for much in these decisions.
Unsuitable or offensive? Report this comment
TheLawMap Associate | 13-Dec-2011 12:11 pm
UK is the obvious choice being already in possession of the infrastructure and professionals who would seamlessly integrate into the system, yet one wonders if the ramification of the recent veto by David Cameron might leave a sour taste in the mouth for Eurocrats, determined to punish little Britain? I hope not. Germany is a bridge too far for patent law in this instance.
Unsuitable or offensive? Report this comment
Filemot | 13-Dec-2011 4:55 pm
London would be a great place for the court.
At the same time one might argue that Munich is really not that great a place for accessibility and thereby disadvantages patent applicants from the UK who need to attend hearings there. Whereever this court is it must first and foremost deal and publish online and have excellent travel links when hearings are needed. Should we be looking most to the convenience of the lawyers or the commercial users. Wherever its sighted its difficult to envisage the language being anything other than English
Unsuitable or offensive? Report this comment
Dan Snyder | 13-Dec-2011 7:27 pm
Obvious choice? On merit? Which? Great place? Well, granted.
To define accessibility only from the viewpoint of UK applicants might be a bit misguided though. What about the applicants from Italy? Or, as the case may be, from Germany? Last time I checked (5sec ago), Munich had not the largest airport in Europe, I grant you that. But it was still no. 7. That much for accessibility.
As regards the professionals: Last time I checked (say, 5sec ago), CIPA had 1,859 registered patent agents of which approx. 600 are in London Central. Meanwhile, Germany has around 2,200 patent attorneys and the bulk of them (around 750) are in the Munich area. The European Patent office even lists 3,527 registered professional representatives in Germany with 1,232 in Munich while only 1,969 in the UK and 780 in London...
Unsuitable or offensive? Report this comment
Ashley Balls | 13-Dec-2011 8:48 pm
The latest EU political stoush is probably the final nail in this coffin. IP litigation has been leaking away from London for years you only to have to look at the 'lists' to see this. If costs are a guide London doesn't stand a chance. Blaming the Tories if Germany or Holland is selected may make people feel good but the writing has been on the wall for some time.
Unsuitable or offensive? Report this comment
Anonymous | 16-Dec-2011 1:46 pm
I agree on the previous posts.
London has a more expensive legal system. Not the best choice cost-wise (and let's remember the whole point of this is to bring down costs).
As for accessibility, I do not see major differences between London and Munich. And if this is the criteria of choice, what is wrong with Paris?
Professionals. Clear win for Munich which is, obviously, the patent capital of Europe.
In any case, lots of countries will veto Munich as the EPO is already there. UK will be vetoed by pretty much everyone, in particular in view of latest development. The Netherlands already has the EPO.
Paris would then seem a good compromise. Remember people that here decisions are made by politicians, NOT practitioners or users. So, this is what matters.
But it appears that, if played well, Italy may bring the court home after all. In the end, one could argue, Italy will agree top the tri-lingual scheme and ask the court instead.
Not too unlikely, if you ask me.
Unsuitable or offensive? Report this comment