European Patent Court, final rush for the Milan office

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Last mile for Milan, a candidate to host the third headquarters of the Unified Patent Court (Tub), the body responsible for settling future patent disputes. On 1 June, the patent system that promises wider European protection at cheaper prices and the relative court, whose sentences will be effective throughout Europe, will come into operation. From 1 March the transitional preparation phase will start (called sunrise period). Less than three weeks, therefore, to understand if Milan will be able to take over from London – the third headquarters following the Brexit cause – and flank the two in Paris and Monaco (only the Court of Appeal in Luxembourg).

Yesterday, in a question addressed to the Foreign Minister, Antonio Tajani, the Pd parliamentarians elected in Milan, Lia Quartapelle, Matteo Mauri, Silvia Roggiani, Vinicio Peluffo, Gianni Cuperlo, Bruno Tabacci and Antonio Misiani, the deputy of Europe, Benedetto Della Vedova and Action Senator, Giulia Pastorella, asked «at what stage are the negotiations with the other European States for the choice of Milan as the third seat of the Court for the unitary patent and what actions the Government is taking to ensure that at the Italy is assigned the entire quota of responsibilities originally envisaged for the London office”.

Being an international agreement, the standard procedure would require a modification and a new ratification by all countries. Unfeasible.
However, Article 87 (2) of the Tribunal Agreement (UPCA) provides that the Administrative Committee may amend “this Agreement in order to bring it into line with an international patent treaty or with Union law”. And according to many jurists, precisely because Brexit has changed EU law, with direct effects on the organizational structure of the patents and the Courts, there would be all the conditions for assigning a new headquarters with a resolution of the administrative committee and without restarting the international process.

According to ministerial sources, the government is pursuing this path. However, the headquarters is not enough. You also need skills. In practice, the issue of assigning the headquarters could only be a success for Milan if linked to the transfer of those technical skills that were already envisaged for London. That is, a specialization in litigation in the chemical-pharmaceutical and metallurgy sectors. Bocconi also greedy for the two courts, in Paris and Munich, which temporarily assumed the functions initially envisaged in the city. Waiting to understand whether Milan will have to settle for just the local office or will be able to host a central courtyard, the offices in via di San Barnaba are ready.