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The new Unified Patent Court and unitary patent system is likely to reduce the workload of attorneys in Cyprus, but there are positives too, says Ramona Livera of Andreas Neocleous.
The regulations governing the unitary patent and Unified Patent Court (UPC) entered into force in January 2013. However, they will only apply from the date on which the UPC Agreement enters into force. The agreement was signed by 25 EU member states in February 2013 and must be ratified by at least 13 states, including France, Germany and the UK, in order to enter into force.
Ratification of the UPC is crucial since the unitary patent system will not become operational until it has taken place. Article 89 of the UPC Agreement provides that:
“This agreement shall enter into force on 1 January 2014 or on the first day of the fourth month after the deposit of the thirteenth instrument of ratification or accession in accordance with article 84, including the three member states in which the highest number of European patents had effect in the year preceding the year in which the signature of the agreement takes place or on the first day of the fourth month after the date of entry into force of the amendments to Regulation (EU) No 1215/2012 concerning its relationship with this agreement, whichever is the latest.”
Ramona Livera, Andreas Neocleous, UPC, Attorney General's Office, UPC Agreement, patent,