Italy has signed the Protocol on the Provisional Application of the UPCA and other -good- news about ratification:

On 20th February, at the EU Competitiveness Council, Italy signed the UPC Agreement on the Provisional Application. (See our post here on the Protocol). The Protocol on Provisional Application allows  “final decisions on the practical set up of the Court” to enter into application. This includes for example the “recruitment of judges and testing of IT systems“and  the registration of opt-out demands. So far 12 countries (including Italy) have signed it.


This was not the only  progress towards the UPC becoming operational that occurred recently:

  • On 8th February 2017 the German Parliament examined the draft legislation authorizing the ratification of the UPCA.
  • On 13th February 2017, the Spanish Socialist Worker’s party (PSOE)  called on the Spanish government to reconsider joining  the UPC.  It argues that not taking part in the Unitary Patent package is detrimental to the competitiveness and innovation of Spanish companies.  It notes that, regarding the language requirements, Spanish companies would not be in a different position than before the EPO.  The PSOE finally contends that Spain should asks for the transfer of the London seat of the UPC central division to Spain.


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