Committee’s rapporteur to consider bill for Luxembourg to approve UPC’s PPI

30.01.2018

The Chamber of Deputies’ Committee on Foreign and European Affairs, Defence, Cooperation and Immigration yesterday appointed Mrs Claudia Dall’Agnol as rapporteur for Luxembourg’s draft law approving  the Protocol on Privileges and Immunities (PPI) of the Unified Patent Court.  The bill was referred to the Committee on 8 November 2017, having entered the Chamber of Deputies (Luxembourg’s unicameral parliament) in October and been adopted by the Council of State (a body consulted under the legislative process) on 7 November (reported here).   The PPI will confer legal status on the Court and certain privileges and immunities on the Court and its Registrar, Deputy-Registrar, judges and other staff to ensure its proper functioning.  Both the Court of Appeal and the Registry will be in Luxembourg, and Luxembourg (which was one of the original signatories of the PPI in June 2016) is one of the four countries that must deposit its instrument of ratification, approval or accession in order for the PPI to come into force.  Regarding the other three countries, France is ready to ratify (see here), the UK is expected to be ready in February (see here) and the German parliament has passed a draft law (see here) with promulgation on hold due to the case pending in the German Federal Constitutional Court.  (Luxembourg ratified the UPC Agreement in May 2015 and consented to its Protocol on Provisional Application in July 2016.)

Brian Cordery

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