EU-Agreement on Unified Patent Court signed

Date:02-20-2013

On the sidelines of the Council meeting on 19 February, 22 member states signed the international agreement for establishing a Unified Patent Court (UPC). Once the agreement enters into force, the signatory countries will form a unified area in terms of patent law.

So far, the same patent case had often to be heard in multiple courts in different member states. The findings of the new court, however, will be applicable and thus achieve legal security across the territories of all signatory countries. By the same token, the UPC will prevent contradictory rulings and reduce the cost of patent litigation.

This complex issue has been discussed for decades, and it took a decision to allow an enhanced cooperation to solve it. This decision made it possible for a group of member states to adopt common rules when no EU-wide agreement could be reached.

In four member states, the internal procedures necessary to authorise the signature are still pending, and one member state decided not to sign. All these member states can still accede to the agreement at a later date.

The agreement will enter into force as soon as it has been ratified by 13 member states.

The UPC is the third element of the so-called patent package. Two regulations establishing enhanced cooperation for unitary patent protection and its translation arrangements were adopted in December 2012.