Estonia notifies its consent to start of UPC provisional application phase


Estonia’s consent to be bound by the provisional application of the Unified Patent Court Agreement (UPCA) has today been reported by the EU Council Secretariat (the UPC ‘depositary’).  As reported here, Estonia’s legislation ratifying the UPCA came into force on 26 June 2017 (although ratification is not effective until Estonia deposits its instrument of ratification with the depositary), and a government order containing a unilateral declaration that Estonia submits to the provisional application of those provisions of the UPCA listed in the Protocol on Provisional Application (PPA) had already been published in the State Gazette.   Therefore, Estonia was ready to complete the action required under the PPA’s Entry into force provision; under Article 3, it enters into force the day after France, Germany, the UK and 10 other states have ratified, or informed the depositary that they have parliamentary approval to ratify, the UPCA; and have consented to be bound by the PPA.   The countries which have now taken those steps are France, the UK, and eight other countries (Belgium, Denmark, Estonia, Finland, Italy, Luxembourg, the Netherlands and Sweden).  Although Germany’s completion of the procedure is on hold, other countries which have almost completed include Bulgaria and Portugal (both of which have ratified the UPCA) and Slovenia.

Liz Cohen


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