Niveau juridique : France
Texte de la question :
« The answer to my Question E‐000928‐17 concerning the so-called patent package indicates that not all the instruments of ratification required by Article 89 of the UPCA to enable the agreement to enter into force have been deposited to date.
The EU’s ‘unitary patent system’ has still not entered into force.
What is the Council doing to ensure that the agreement on a unified patent court is finally ratified by a sufficient number of participant States?
From what date is the new European patent system finally due to be in operation in its entirety? »
Texte de la réponse :
« According to Article 89 of the Agreement on a Unified Patent Court (UPCA) (1), ‘this Agreement shall enter into force on 1 January 2014 or on the first day of the fourth month after the deposit of the thirteenth instrument of ratification or accession in accordance with Article 84, including the three Member States in which the highest number of European patents had effect in the year receding the year in which the signature of the Agreement takes place or on the first day of the fourth month after the date of entry into force of the amendments to Regulation (EU) No 1215/2012 concerning its relationship with this Agreement, whichever is the latest’.
Currently 16 Member States have ratified the Agreement, including two of the three Member States in which the highest number of European patents had effect in 2012. The ratification of one of these three Member States is still outstanding ».
(1) OJ C 175, 20.6.2013, p. 1, eur-lex.europa.eu/legal-content/EN/TXT/?qid=1550763855927&uri=CELEX:42013A0620(01)
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