Draft Unified Patent Court (Immunities and Privileges) Order 2017

Jack Dromey Excerpts

Wednesday 29th November 2017 General Committees

[Jack Dromey (Birmingham, Erdington) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Bailey.

We are a creative nation of entrepreneurs and innovators. In the 19th century, Birmingham and the Black country were known as the workshop of the world, and in modern times we have silicon roundabout about 2 miles away, the golden triangle of London, Oxford and Cambridge, and remarkable innovation from Jaguar Land Rover in the midlands and the north of England. I will never forget travelling with Jaguar Land Rover’s chief executive Ralf Speth in his Land Rover and seeing how the company was using its close proximity to a cluster of companies engaged in the games industry to produce the next generation of in-car entertainment systems. Crucial to that was the protection of patents.

I have seen at first hand, and I am sure that many Members have likewise seen, just why it is important that we remain a nation of innovation. In future, we will want to attract the brightest and the best as we leave the European Union, and crucially in that process we need sensible arrangements that protect the interests of Britain. I will come back to that point later.

At the heart of turning ideas into commercial practice is protection from poaching, as well as the patent system that has grown up over many years. Such protection is of the highest order including, as the Minister said, both domestic and international mechanisms on the one hand, and immunity, as is proposed by the order, on the other hand.

The European Patent Office was founded in 1977. We signed up to the unified patent court in 2013, together with 25 other member states in the European Union, and the necessary arrangements were finalised shortly after the decision by our country on Brexit. The order seeks to confer necessary legal status as we approach the next stages, for the avoidance of any doubt, and we believe that to be an eminently sensible move, which the Opposition wholeheartedly support.

Finally, it is all the more important that we have such domestic and Europe-wide arrangements at a time of immense uncertainty in our country, to help to reassure creative people and innovators that we are serious about remaining a creative nation of innovators. Dare I say to the Minister that in reaffirming that existing European arrangements should continue to obtain in the future, hopefully that will form a precedent when it comes to next-stage discussions on the single market and the customs union? On those fronts, we will also need sensible arrangements, whereby we will have full access to and will enjoy the benefits of those arrangements that have served this nation well for many years.

--- Later in debate ---

[Joseph Johnson]

I thank the hon. Member for Birmingham, Erdington for supporting the order, and for recognising the role that the court will play in ensuring that we have a system that encourages innovation and protects companies that invest in research and development. Those companies are able to go on and commercialise the discoveries that they make without fear of their hard work and efforts leading to nothing, or being taken advantage of by competitors that have not made those investments in discovery.

I thank the hon. Member for Wallasey for asking some important questions; I will now try to respond to as many as I can. She asked principally about the impact that leaving the EU will have on the operation of the UPC, and what our relationship to the UPC will be after March 2019, when we will be in the process of leaving the EU. To be clear, the UPC itself, as she knows, is not an EU institution, but currently all participating member states are EU member states. Our position is that while the UK remains a member of the EU, we will and should complete all necessary legislation, so that we are in a position to ratify the agreement.

Whatever the UK’s future relationship with the unified patent court, we expect that, as the hon. Lady said, we will need to negotiate with our European partners, to reflect the change to the UK’s status in relation to the UPC that will take place when we leave the EU. As a Government, we believe that it would be wrong to set out any unilateral positions in advance of the negotiations that we know we are going to have to have, because our efforts will need to be focused on securing the best possible deal for the UK in our negotiations with our European partners.

[Jack Dromey]

This is an important point for the avoidance of doubt on the part of the innovators and entrepreneurs of our country. Our support for the order is given on the basis that it will be an enduring mechanism now and after we leave the European Union. Is the Minister suggesting that having given legal effect to the order, the situation might change post-Brexit? That will be a source of immense concern to innovators and entrepreneurs in our country.

[Joseph Johnson]

Through the passage of the order and completing all the necessary legislative steps in Parliament, we want to ensure that we are in a position to ratify the UPC and our membership of it, thus enabling it to come into existence. As the hon. Gentleman and Members know, under the terms of the international treaty, UK ratification is required for the UPC to come into existence, and we want the court to come into existence. We have been supporters of it from the outset, and we think it will play an important role in enabling businesses to enforce their intellectual property rights at the lowest possible cost, or certainly at a much lower cost than many companies find to be the case at the moment. We are supportive of it, and we want to continue to play a facilitating role in setting it up.

After we leave the European Union in March 2019, we understand that we will have to negotiate a new relationship with the UPC. We want to do that as seamlessly as possible so that businesses can continue to take advantage of the provisions that the UPC makes possible. Our expectation is that the long-term relationship we will have to establish after March 2019 will be subject to some negotiation. I and the Government as a whole do not want to go into the detail of exactly what that relationship will be at this point.