Unified Patent Court Agreement Ratification

The procedure would take place in principle in the national language of the department and in the language in which the patent was issued (English, German or French) in the central department. The Court of Appeal would act in the language used by the Trial Court. Discussions on a protocol to the agreement on a unified patent court on the provisional application were concluded in September 2015. The protocol was signed on 7 October 2015 by eight states: Denmark, Germany (subject to ratification), Hungary, France, Luxembourg, Slovenia, Sweden and the United Kingdom. [43] [47] [48] Provisional application allows for the recruitment of judges and the relocation of judges to judicial premises. The provisional application begins when 13 states (including Germany, France and the United Kingdom) have ratified the Unified Patent Jurisdiction agreement or have declared that they have completed their parliamentary procedure. [49] The bill stipulates that the UK`s exit from the UPCA on the basis of Brexit does not prevent its implementation. The rules on the entry into force of the UPCA should allow the three Member States with the highest patent activity (Germany, France and the United Kingdom) to participate in the judicial system at the beginning of the UPC. The entry-into-force rules have been interpreted so that the unanticipated withdrawal of one of these three Member States does not jeopardize the entry into force of the UPCA for the other Member States. The Unified Patent Tribunal (UPC) is a common patent court open to the participation of all EU Member States. [1] It will hear cases concerning the infringement and revocation procedures of European patents (including unitary patents) valid on the territory of the participating States, with only one court decision being directly applicable in those territories. The application for a unitary patent in the event of the issuance of certain European patents is possible from the creation of the Court of Justice.

It must be defined by the agreement on a unified patent court. [2] signed in February 2013 by 25 EU Member States, with the exception of Spain, Poland and Croatia, as an intergovernmental agreement. It will come into effect on the first day of the fourth month after having met three pre-defined conditions. The long road to the European unitary patent system The agreement on a unified patent jurisdiction falls within the jurisdiction of the Member States. As a court created by the Treaty, which participates in the merger of EU law, it has similarities with the Court of Benelux. [28] An initial proposal, which had many similarities to the proposed european patent agreement and which also included third countries, was found incompatible by the European Court of Justice, as it would mean that a court would not be entirely within the legal system of the European Union and therefore did not have the opportunity to ask questions without judgment to the European Court of Justice. [29] As a result, the tribunal was created by an intergovernmental treaty between participating states outside the EU framework, but it was only opened to EU members. [30] The Bundestag adopted the ratification bill by qualified majority required, including the approval of the Unified Patent Tribunal (UPCA) convention. In October 2013, European Council President Herman Van Rompuy declared that “the dream of a single patent is still not fully realized” and called on “EU member states to ratify the agreement”. [53] However, the result of the 2016 Brexit referendum cast doubt on the future of the UPC. [54] The list of states that are signatories to the ratification status is reproduced below. [26] In the Netherlands, European patents apply to the whole kingdom, with the exception of Aruba.

However, the ratification by the Netherlands in 2016 applied only to the European part of the Kingdom. At the request of Curacaao and Sint Maarten and after a positive advice of the recommendations of the European Commission, CuraƩao and Sint Maarten, as well as Bonaire, Sint Eustache and Saba, are currently the subject of a parliamentary approval procedure under which the government plans to extend the application to these regions. [143] Will the K-1