PatLit has just learned, via a
media release from Rouse, that on 22 May 2015 Luxembourg deposited its ratification instrument for the
Unified Patent Court Agreement, thus making Luxembourg the 7th country to ratify the Agreement. Adds Rouse:
As very few patent cases are heard in Luxembourg, it has no current plans to host a Local Division of the UPC. Cases which could otherwise have been filed in that Local Division, will be heard by the Central Division instead.
The UPC Agreement must now be ratified by a further six countries (including the UK and Germany) before the EU can introduce the new unitary patent right and Unified Patent Court. The Netherlands is taking steps towards ratification; it launched a public consultation on ratification of the UPC at the beginning of May 2015. On 13 May 2015, the Italian Ministry of Economic Development issued a press release saying that it is a priority for Italy to join the Unitary Patent. Italy had previously said that it would join the Unified Patent Court but not the Unitary Patent. This change of position comes within weeks of the decision of the Court of Justice of the European Union to reject Spain's second challenge to the legality of the Unitary Patent system.
PatLit is not surprised to learn that Luxembourg has no grand plans for a Local Division, though quite a few patent-related matters of legal principle will be litigated there anyway in the Court of Justice of the European Union.
1 comment:
Isn't Luxemburg to obtain the appeal instance in the new system? So, Luxemburg would indeed become a rather important place in the new system.
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