Presidency of EU Council publishes update on member states’ ratification of UPC Agreement


The Presidency of the Council of the EU has published here a summary of the situation in the 25 member states which have signed the Unified Patent Court Agreement (UPCA) regarding both their ratification of the UPCA and their consent to be bound by its Protocol on Provisional Application (PPA).  (The PPA will allow certain provisions to come into force early to enable final preparations to be made for the opening of the court.)  The Presidency sent the information to the Council on 20 November 2017, inviting member states who have not yet ratified the UPCA and/or consented to the PPA to give any further information and updates.   In summary, the status is that 14 member states have finalised their ratification of the UPCA by depositing their instrument of ratification with the EU Council’s General Secretariat, and only Germany and the UK must now do so for the UPCA to enter into force.  Both Germany and the UK have parliamentary approval to ratify; the UK is expected to do so shortly but Germany’s ratification (and consent to the PPA) is on hold due to the challenge brought in its Constitutional Court.   Other than Germany, action is needed by two more member states before the provisional application phase can start.

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