10. September 2021 DirkW

Agreement On A Unified Patent Court Ratification

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Countries can also set up a regional department that will serve as the local department of the group. The agreement does not specify which countries would create local or regional departments. Ultimately, there is no denying that with the UK, the appeal of the UPC itself will also diminish. Not only will excellent judges and lawyers be excluded, but the UPC will not be able to adjudicate cases affecting the UK`s large economic market, leading to the risk of double proceedings (not to mention procedural costs). The procedural costs for English court proceedings are generally much higher than the procedural costs in the main patent jurisdictions in continental Europe, i.e. Germany, France, the Netherlands and Italy. The Preparatory Committee is composed of all states signatories to the Convention on the Unified Patent Court (16351/12) (see also Regulations 1257/2012 and 1260/2012). All these States have undertaken to establish the new tribunal and the preparatory committee is tasked with monitoring the various working processes. There are five main lines of work that represent the work to be completed. These are as follows: the Single Patent Court will be a common patent court for the 25 Member States that have signed the Unified Patent Court Convention.

This agreement is still in the process of ratification by the Member States of the Treaty, so that the Court of Justice will not start examining cases until it enters into force. In the Netherlands, European patents apply to the entire kingdom, with the exception of Aruba. However, the ratification by the Netherlands in 2016 only applied to the European part of the kingdom. At the request of Curaçao and Sint Maarten, and following a positive deliberation by the European Commission, the authorisation granted to Curaçao and Sint Maarten, as well as to Bonaire, Sint Eustatius and Saba, is currently subject to a parliamentary authorisation procedure under which the Government is considering extending the application to these areas. [143] On July 20, 2020, the United Kingdom formally withdrew its ratification of the treaty. [155] In any event, it is clear that the Treaty Member States have different interests that they cannot or do not want to easily respect. It should be noted that the headquarters of the central department was in question until the day before the signing of the UPCA and it could only be decided by a political compromise at the highest level. . . .

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