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28 May 2014Patents

Denmark votes in favour of Unified Patent Court

Denmark has agreed to join the Unified Patent Court (UPC) after a referendum saw citizens vote in favour of the proposal.

According to public figures, 33.7 percent of residents voted in favour, 20.2 percent voted against and 1.9 percent abstained.

The remaining 44.2 percent of citizens opted out of voting.

WIPR first reported on Denmark’s plans for a referendum in October last year after the government failed to generate enough support.

The country is one of five EU nations to have an opt-out clause on justice and home affairs. To avoid a referendum, the UPC proposal would have needed 80 percent backing in parliament.

But the Danish People's Party and Red-Green Alliance indicated they did not support the proposal, triggering the referendum, which took place on May 25.

European internal market and services commissioner Michel Barnier welcomed the news and said Denmark’s approval gives a “very positive signal” to all signatories and should encourage them to ratify the UPC without further delay.

To become law, the proposal must be ratified by at least 13 member states including France, Germany and the UK.

Austria, Belgium, France and Malta are so far the only countries to ratify the proposal.

The UPC would have its headquarters in Paris, Munich and London.

The new unitary patent system will allow filers to obtain a single patent  for their inventions that is enforceable in EU member states, excluding Spain and Italy.

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2 October 2013   Denmark has announced it will hold a referendum to determine whether to join the Unified Patent Court.