On this page, we have collected a number of links to regulations, documents, etc. of UPC relevance.

Resources on the UPC

Unified Patent Court Agreement (the UPC Agreement)
Including the Statute of the UPC. The central agreement on the establishment and organisation of the UPC. Version from the EU Official Journal no. C 175 of 20 June 2013.

List – countries which have ratified the UPC Agreement

EU note of 20 November 2017 regarding status in the ratification process

Protocol on Provisional Application
Protocol to the UPC Agreement on Provisional Application. The Protocol allows some of the articles of the UPC Agreement to be applied before the UPC system comes fully into existence. This is of particular relevance to the opt-out scheme as it will be possible to submit applications to opt out of the UPC system before any actions may be brought before the UPC.

List – countries which have ratified the Protocol on Provisional Application


Protocol on Privileges and Immunities
Protocol to the UPC Agreement on privileges and immunities granted to the UPC and its employees.

List – countries which have ratified the Protocol on Privileges and Immunities

UPC Rules of Procedure
(18th and latest version of the draft Rules of Procedure dated 19 October 2015, as amended in June and October 2016 as well as in March 2017)

UPC Rules on court fees and recoverable costs
(Latest draft of 25 February 2016)

UPC Rules on the scale of recoverable cost ceilings
(Latest draft of 16 June 2016)

UPC Guidelines for court fees and recoverable costs
(Latest draft published on 26 February 2016)

UPC Code of Conduct
Code of Conduct for professional representatives before the UPC.
(Fourth and latest draft of 22 June 2016)

UPC EPLC Rules
Rules on the European patent litigation certificate and other appropriate qualifications. (Latest revised draft of 1 December 2016)

Agreement on a Nordic-Baltic regional division
Agreement between Estonia, Latvia, Lithuania, and Sweden on the establishment of a Nordic-Baltic regional division of the Unified Patent Court.
(Version from the Lithuanian E-tar Register of Legal Acts)

Declaration on a Nordic-Baltic regional division
Declaration of Estonia, Latvia, Lithuania, and Sweden to the Agreement on the Establishment of a Nordic-Baltic regional division of the Unified Patent Court concerning the designation of the location of hearings.
(Version from the Lithuanian E-tar Register of Legal Acts)

Resources on the unitary patent

Unitary Patent Regulation
EU Regulation on the unitary patent.
(Version from the EU Official Journal no. L 361 of 31 December 2012)

Language Regulation
EU Regulation on translations arrangements in connection with the unitary patent.
(Version from the EU Official Journal no. L 361 of 31 December 2012)

Council Decision on the creation of unitary patent protection
Council Decision authorising enhanced cooperation in the area of the creation of unitary patent protection. The decision which authorises the creation of a unitary patent without the participation of all EU member states.
(Version from the EU Official Journal no. L 76 of 22 March 2011)

Commission Decision on the participation of Italy
Commission Decision on confirming the participation of Italy in enhanced cooperation in the area of the creation of unitary patent protection.

(Version from the EU Official Journal no. L 256 of 1 October 2015)

Rules relating to unitary patent protection
EPO Rules relating to the grant of unitary patent protection.

Rules relating to fees for unitary patent protection
EPO Rules relating to fees for unitary patent protection.

EPO Unitary Patent Guide
EPO guide on obtaining, maintaining and managing unitary patents

Resources on Denmark and the UPC

Patents Act
(Danish Consolidated Act no. 221 of 26 February 2017)

Unified Patent Court Act
Danish Act adopted following the referendum on 25 May 2014 implementing the UPC Agreement into Danish law. The Act surrenders sovereignty to the UPC to the extent that the UPC will have competence to make decisions as if it was a Danish court. In addition, the Act implements a few amendments to the Patents Act, the Utility Model Act and the Administration of Justice Act.
(Danish Act no. 551 of 2 June 2014 on a Unified Patent Court)

Website of the Danish Patent and Trademark Office on the patent reform

Memorandum prepared by the Danish Ministry of Justice on accession to the UPC

Specific resources from the drafting process leading up to the UPC Agreement and the Rules of Procedure

Commission Communication
Communication from the Commission to the European Parliament and the Council – Enhancing the patent system in Europe.

Council working document
Working document 5245/08 from the Council of 11 January 2008 entitled EU Patent Jurisdiction – Remedies, procedures and other measures.

Council working document
Working document 7001/08 from the Council of 27 February 2008 entitled EU Patent Jurisdiction – Main features of the Court system (first part); Remedies, procedures and other measures (second part).

Council working document
Working document 7728/08 from the Council of 19 March 2008 entitled European Union Patent Jurisdiction – Preliminary Set of Provisions for the future legal instrument. An early draft of the UPC Agreement.

Opinion of the Court of Justice of the European Union
Opinion 1/09 of the Court of 8 March 2011 on the compatibility of the draft UPC agreement with the Treaties.

Council working document
Working document 10630/11 from the Council of 26 May 2011. Working document from the Council with the Commission's non-paper on solutions for a unified patent litigation system following Opinion 1/09 of the Court of Justice.

Council note
Note 14191/11 from the Council of 20 September 2011 entitled Compatibility of the draft agreement on the Unified Patent Court with the Union acquis – Non-paper from the Commission services. Note concerning the relationship of the draft UPC agreement with the Brussels I Regulation etc.

Responses to the Public Consultation on the Rules of Procedure
The responses submitted by the UPC Preparatory Committee to the 16th draft of the Rules of Procedure.

Responses to the Public Consultation on the Rules of Procedure
The responses submitted by the UPC Preparatory Committee to the 17th draft of the Rules of Procedure.

Interpretative note – Consequences of the application of Article 83 UPCA
Interpretative note issued by the UPC Preparatory Committee on 29 January 2014 on article 83 of the UPC Agreement concerning opt-out.

Vienna Convention on the law of treaties
Vienna Convention of 23 May 1969 on the law of treaties. Global treaty concerning the interpretation of treaties and various other issues. The treaty applies to all UPC states.

Vienna Convention on the law of treaties – Danish version
(From the Danish Law Gazette, C series)

EU law of relevance to patent law

SPC Regulation for medicinal products
(Consolidated version of 1 July 2013)

Regulation on medicinal products for paediatric use
(Consolidated version of 26 January 2007)

SPC Regulation on plant protection products
(Consolidated version of 1 July 2013)

Biotech Directive
(Version from the EU Official Journal no. L 213 of 30 July 1998)

Notice on the Biotech Directive 
Commission Notice published on 8 November 2016 on the interpretation of certain articles of the Biotech Directive
(Version from the EU Official Journal no. C 411 of 8 November 2016)

Directive on medicinal products for human use
(Consolidated version of 16 November 2012)

Regulation on medicinal products for human use
(Consolidated version of 5 June 2013)

IPR Enforcement Directive
(Version from the EU Official Journal no. L 157 of 30 April 2004)

International conventions etc. of relevance to patent law

European Patent Convention (EPC)
European Patent Convention of 5 October 1973 (Munich Convention), as amended in 2000 – the amendments became effective on 13 December 2007.
(Version from the EPO website)

Denmark's instrument of EPC ratification
Danish Executive Order on Denmark's ratification from the Danish Law Gazette, C series.

London Agreement of 17 October 2000
Agreement on the application of article 65 of the EPC. The London Agreement allows certain EPC states to depart from the translation requirements of the EPC in specific respects.
(Version from the EPO website)

London Agreement – Danish version
(From the Danish Law Gazette, C series)

Act on Denmark's ratification of the EPC
Danish Act no. 368 of 7 June 1989 to amend the Patents Act (Ratification of the EPC). The Danish Act implementing the EPC into Danish law.

TRIPS Agreement
Agreement on Trade-Related Aspects of Intellectual Property Rights. Signed on 15 April 1994 as part of the Agreement Establishing the WTO.
(Version published in the EU Official Journal no. L 336, of 23 December 1994, see page 213ff.)

Denmark's instrument of ratification of the Agreement Establishing the WTO
Danish Executive Order on Denmark's ratification of the Agreement Establishing the WTO from the Danish Law Gazette, C series.

Paris Convention of 20 March 1883
Convention for the Protection of Industrial Property, as most recently amended in 1967 and 1979.
(Version from the WIPO website)

Paris Convention – Danish version
(From the Danish Law Gazette, C series)

Paris Convention – Danish version
(From the Danish Law Gazette, C series – the 1979 amendment)
 
Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty of 19 June 1970, as most recently amended in 2001.
(Version from the WIPO website)

Patent Cooperation Treaty – Danish version
(From the Danish Law Gazette, C series)

Patent Cooperation Treaty – Danish version
(From the Danish Law Gazette, C series – the 1979 amendment)

Council of Europe's Convention of 27 November 1963
Convention on the Unification of Certain Points of Substantive Law on Patents for Invention (Strasbourg Patent Convention). The Convention harmonises the patentability criteria, among other things.
(International version from the Council of Europe website)

Council of Europe's Convention of 27 November 1963 – Danish version
(From the Danish Law Gazette, C series)

Patent Law Treaty of 1 June 2000
Treaty which harmonises certain formal procedures with respect to patent applications.
(Version from the WIPO website)

Patent Law Treaty – Danish version
(From the Bill to implement the PLT into Danish law published in the Retsinformation database)

Community Patent Convention – 1975 Convention
Community Patent Convention of 15 December 1975, as supplemented by Agreement of 15 December 1989 (Luxembourg Patent Convention). The Convention never entered into force.
(1975 Convention, version from the EU Official Journal no. L 17 of 26 January 1976)

Community Patent Convention – 1989 Agreement
(1989 Agreement, version from the EU Official Journal no. L 401 of 30 December 1989)

Resources on Brexit

Press release on the UPC and Brexit
Press release from the UK Intellectual Property Office concerning the effect of Brexit on UPC participation.

Legal opinion on the UPC and Brexit
Legal opinion rendered by Richard Gordon QC and Tom Pascoe of Brick Court Chambers in London on the effect of Brexit on the UK's participation in the UPC.

Paper on the UPC and Brexit
Paper by Richard Gordon QC and Tom Pascoe of Brick Court Chambers in London on the effect of Brexit on the UK's participation in the UPC.

European Union (Withdrawal) Act 2018

Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union
(Published 5 December 2018)

Proposal for a Council decision on the signing of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union orslag til rådsafgørelse om underskrift af udtrædelsesaftalen

Proposal for a Council decision on the conclusion of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union

European Commission Draft Withdrawal Agreement on the withdrawal of the United Kingdom
The European Commission's draft on a withdrawal agreement to regulate the relationship between the European Union and the UK after the withdrawal of latter from the EU.

Sources concerning jurisdiction and the recognition and enforcement of judgments


Brussels I Regulation (recast)

On jurisdiction and the recognition and enforcement of judgments in civil and commercial matters between EU member states.
(Consolidated version of 26 February 2015)

Parallel agreement with Denmark on the Brussels I Regulation
(Version from the EU Official Journal no. L 299 of 16 November 2005)

Lugano Convention of 30 October 2007
On jurisdiction and the recognition and enforcement of judgments concerning Iceland, Norway, and Switzerland.
(Version from the EU Official Journal no. L 339 of 21 December 2007)

Hague Convention on Choice of Court Agreements
Hague Convention of 30 June 2005 on international choice of court agreements. Applicable to among other things recognition of judgments delivered by courts chosen in an exclusive jurisdiction agreement.
(Version from the EU Official Journal no. L 133 of 29 May 2009, p. 1ff.)

Hague Convention on Choice of Court Agreements – Danish version
(From Annex 1 to the Danish implementation Act)

Hague Convention on Choice of Court Agreements – English version
(From the Hague Conference website)

Act on Brussels I Regulation etc.
Danish Act implementing the Brussels I Regulation/parallel agreement and the Lugano Convention into Danish law.

(Main Act from 2006 concerning the original 2001 Regulation).

2013 Amending Act
(Danish Amending Act from 2013 concerning the recast Brussels I Regulation and the Lugano Convention).

2017 Amending Act
(Danish Amending Act from 2017 concerning implementation of the Hague Convention on Choice of Court Agreements – not yet entered into force).

Brussels Convention
1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (consolidated version). The predecessor of the Brussels I Regulation. The Convention applies to judgments and court settlements dating back to before the Brussels I Regulation entered into force and also applies to actions brought before this date, i.e. before 1 March 2002, see article 66 of the Regulation, cf. article 80 (and the corresponding article 66, cf. article 76, of the former Brussels I Regulation 
(Regulation (EC) no. 44/2001), and 1 July 2007 with regard to Denmark, see article 12 of the Parallel Agreement and Danish Executive Order no. 415  of 8 May 2007 on entry into force of the Act on the Brussels I Regulation etc. In addition, the Brussels Convention applies to certain overseas territories falling outside the territorial scope of the Brussels I Regulation, see article 68 of the Regulation and article 355 of the TFEU.
(Version from the EU Official Journal no. C 27 of 26 January 1998, p. 1ff.)

Act on the EC Judgments Convention etc.
Danish Act implementing the Brussels Convention.

Executive Order
Danish Executive Order on the entry into force of the Danish Act on the EC Judgments Convention etc. The Executive Order contains the wording of the Convention.

Nordic Judgments Convention
Nordic Judgments Convention on the recognition and enforcement of decisions on civil claims. The Convention applies between Denmark, Norway, and Iceland (as between Denmark, Finland, and Sweden, relevant EU law applies, see above).
(Danish version from the Danish Law Gazette, C series)

Executive Order
Danish Executive Order on the relationship between the Nordic Judgments Convention and the Brussels I Regulation etc.

Act on Nordic Judgments Convention
Danish Act on implementation of the Nordic Judgments Convention into Danish law. The Act governs issues such as lis pendens.

Sources concerning choice of law

Rome I Regulation
Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Choice of law for contractual obligations. The Regulation does not apply to Denmark due to the Danish opt-out on justice affairs. Instead, the Rome Convention applies, see below.

Rome Convention
Rome Convention of 19 June 1980. Choice of law for contractual obligations.
(Version from the EU Official Journal no. L 266 of 9 October 1980)

Implementation Act concerning the Rome Convention
Danish Consolidated Act no. 139 of 17 February 2014 on the implementation of the Convention on the law applicable to contractual obligations etc.

Hague Convention
Hague Convention of 15 June 1955 on the law applicable to international sales of goods.
(French version from the Hague Conference website)

Hague Convention – Danish version
(From the Danish Law Gazette, C series)

Hague Convention – Danish implementation act

Rome II Regulation
Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II Regulation). Choice of law for non-contractual obligations. The Regulation does not apply to Denmark due to the Danish opt-out on justice affairs.
(Version from the EU Official Journal no. L 199 of 31 July 2007)

Sources concerning arbitration

New York Convention
New York Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards.
(Version from the UNCITRAL website)

New York Convention – Danish version
(From the Danish Law Gazette, C series)

Danish Arbitration Act

Danish Executive Order on Arbitration

Geneva Convention on International Commercial Arbitration
European Convention of 21 April 1961 on international commercial arbitration. The Convention supplements the New York Convention, providing rules on the establishment of the arbitration tribunal and its procedure.
(International version from the UN website)

Geneva Convention on International Commercial Arbitration – Danish version
(From the Danish Law Gazette, C series)

Agreement of the Council of Europe relating to Application of the European
Convention on International Commercial Arbitration

Agreement of 17 December 1962 relating to application of the European Convention on International Commercial Arbitration. Concerns issues relating to the jurisdiction of national authorities in the event of disputes concerning the formation of the arbitration tribunal.
(International version from the Council of Europe website)

Agreement of the Council of Europe relating to Application of the European Convention on International Commercial Arbitration – Danish version
(From the Danish Law Gazette, C series)

Sources on service of documents, taking of evidence abroad, information about foreign law, etc.

Service of Documents Regulation
Regulation on the service in the EU Member States of judicial and extrajudicial documents in civil or commercial matters.
(Consolidated version from the EU Official Journal no. L 158 of 1 July 2013)

Service of Documents Regulation – Danish version
(From the Danish Law Gazette, C series)

Service of Documents Regulation – Danish parallel agreement 
(Version from the EU Official Journal no. L 300 of 17 November 2005)

Executive Order
Danish Executive Order implementing the Service of Documents Regulation into Danish law.
(From the Danish Law Gazette, C series)

Hague Convention of 15 November 1965 on Service of Documents
Convention on the service of documents in non-EU member states.
(From the Hague Conference website)

Hague Convention on Service of Documents – Danish version
(From the Danish Law Gazette, C series)

Taking of Evidence Regulation
Not applicable in Denmark due to the Danish legal opt-outs.
(Consolidated version of 4 December 2008)

Hague Convention of 18 March 1970 on the taking of evidence abroad
Applicable to the taking of evidence in Denmark and to the taking of evidence in non-EU member states.
(From the Hague Conference website)

Hague Convention on the taking of evidence abroad – Danish version
(From the Danish Law Gazette, C series)

Hague Convention of 1 March 1954 on Civil Procedure
Convention on the service of documents and taking of evidence in non-EU member states which have not acceded to the Hague Convention on the taking of evidence abroad.
(From the Hague Conference website)

Hague Convention on Civil Procedure – Danish version
(From the Danish Law Gazette, C series)

Hague Convention of 17 July 905 regarding an international scheme on certain civil procedural matters
(From the Danish Law Gazette, C series)

Nordic Convention of 26 April 1974 on mutual legal assistance
Convention between Denmark, Finland, Iceland, Norway, and Sweden on the service of documents and taking of evidence abroad. 
(Danish version from the Danish Law Gazette, C series)

Act on the taking of evidence abroad
Danish Act no. 161 of 18 December 1897 on the courts' assistance in the taking of evidence abroad etc.

Act on the taking of evidence abroad – addendum
Danish Act no. 37 of 28 February 1908 on an addendum to Act of 18 December 1897 on the courts' assistance in the taking of evidence abroad etc.

European Convention of 7 June 1968 on Information on Foreign Law
(International version from the Council of Europe website)

European Convention of 7 June 1968 on Information on Foreign Law – Danish version
(From the Danish Law Gazette, C series)

Various foreign laws

UK Patents Act 1977
(From legislation.gov.uk)

German Patents Act (Patentgesetz)
(Available in English and German at gesetze-im-internet.de)

Swedish Patents Act (Patentlag)
(From the legal databases of the Government Offices of Sweden)

UPC - Unitary Patent Court

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