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Italy has become the twelfth country to ratify the Unified Patent Court (UPC) Agreement, depositing it’s Instrument of Ratification with the European Council on 10 February. Italy also consented to the Protocol on Provision Application (the Protocol) on 20 February at the Competitiveness Council meeting. This protocol will allow some parts of the UPC Agreement to be applied early. The provisional application phase will also be used to allow for early registration of opt-out demands. In November last year, Milan was selected as the location for the Italy’s local division of the UPC. Italy, along with Spain, did not participate initially in the unitary patent system but Italy confirmed its participation in 2015.  A campaign continues within Spain calling for it to join the unitary patent system but the Spanish Government continues to resist the pressure and, so far, is standing by its decision not to participate.

At the recent Competiveness Council meeting on 20 February, participating member states were asked to intensify their efforts to bring the unitary patent system into operation as quickly as possible. In particular, the Belgian and Swedish delegations urged participating member states to confirm their consent to the Protocol, to allow the unitary patent package to enter into force before the end of 2017.


24 Feb 2019