Home » Law » Unitary Patent Package – The Ratification Game (The Netherlands completes its ratification formalities)

Unitary Patent Package – The Ratification Game (The Netherlands completes its ratification formalities)

Keltie LLP

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EU shirt2Update (15 September 2016)

According to the website of the Council of the European Union, the Netherlands has now deposited its instrument of ratification (on 14 September 2016) to become the 11th country to complete its ratification formalities. The Netherlands joins Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the eleven countries who have completed their ratification processes.

The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. The target date for the unitary patent system was May 2017 but the result of the EU Referendum in the UK has thrown the timescale into doubt.

There are now enough countries to have ratified the the unified patent court agreement that the system will come into effect if just the UK and Germany complete their own ratification procedures. If the UK (and Germany) were to do this then it would open up a question about what will happen to the UK once Brexit happens. If the UK decides not to ratify the UPC agreement then the system will be on pause until either Brexit occurs or the various unitary patent agreements can be re-negotiated to remove the problems caused by the results of the UK’s EU Referendum from the equation.

Now that the Netherlands has completed all of the formalities we have updated our ratification infographic (for an answer to the question “What’s up with this infographic?“, please see the bottom of the post!”).

netherlands-upc

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1 Comment

  1. Charlie says:

    Will the Germans ratify now that the UK is potentially removed from the equation? Wouldn’t they retain all the litigation work if they don’t ratify, but will see this work spread throughout Europe if the UPC comes into existence?

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