The Netherlands progresses towards ratification of the UPC Agreement


On 16 June 2016, the Tweede Kamer der Staten-General (the second chamber of the Dutch Parliament, i.e. the House of Representatives) approved the draft legislation to enable the Netherlands to ratify the UPC Agreement.  The bill now passes to the Eerste Kamer (first chamber, i.e. the Senate).  If the Senate adopts the bill it will become law, although the Netherlands must then deposit its instrument of ratification with the Council of the EU for the ratification to have effect.   With 10 countries (here) having already deposited their instruments of ratification, the Netherlands may become the 11th country and then only the UK and Germany (the remaining two of the three mandatory ratifying countries) must do so in order for the UPC Agreement to come into force.  Once the 13th instrument of ratification is deposited the new system will come into effect three months later, and preparations are still on track for the UPC to be operational in spring 2017.  In the bill’s dossier it is reported that a second bill, to amend the Dutch Patents Act 1995 to reflect the new UPC system, will be submitted separately.

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