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Public consultation on legislative changes for unitary patent

On Friday 1 May 2015 an internet consultation started for the draft legislative proposal to amend the 1995 Patents Act (Rijksoctrooiwet 1995) in connection with the Jurisdiction Convention. The Jurisdiction Convention concerns the Unified Patent Court (UPC) and the European patent with unitary effect (unitary patent).

The suggested legislative proposal brings the 1995 Patents Act in line with the provisions of the Jurisdiction Convention, and also contains a few other modifications in order to ensure the proper functioning of the unitary patent and the UPC.

Interested parties are invited to respond as soon as possible, but at any rate before 25 May 2015. The legislative proposal, with modifications if applicable, will then be submitted in due course to the Upper and Lower Houses of the States General and, if approved, will pave the way for the Netherlands’ ratification of the Jurisdiction Convention.

The UPC and unitary patent will only come into force three months after 13 member states, including the United Kingdom, Germany and France, have ratified the Convention. According to the estimates of the Preparatory Committee, headed by the Dutchman Paul van Beukering, the UPC and the unitary patent can come into effect during the course of 2016.

For the current status of the unitary patent and the UPC, please refer to our Dossier.

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