The Netherlands is
eyeing the UK's former role as one of the main signatories to the unitary
patent and Unitary Patent Court agreement once it moves out of the United
Kingdom.
According to the Dutch
Senate's First Chamber, by September 5, the government of Netherlands support
the introduction of a unitary patent and concurrent UPC.
The Netherlands will
then have to deposit its instrument of ratification with the European Council.
This will then allow 13 other countries to ratify the agreement.
While UK, France and
Germany had shared the highest number of European patents in 2012, the UK has
been minimally involved in the scheme as it proceeded with its referendum. Now,
Netherlands and Italy have the potentially to become the UK's potential
successor.
Alan Johnson, partner
at law firm Bristows in London, added that Italy has also signalled its
willingness to host a central division of the court in Milan.
"Since 23 June,
first Italy and now the Netherlands have progressed their national ratification
processes," Johnson said.
He added: "In
order for the UPC to start without the UK, a re-negotiation of the UPC
Agreement would be required to re-allocate the London share of the central
division, and this is not a straightforward matter, with claims likely from at
least Munich, Paris and Milan
.
"In all
probability what we are seeing at present is those close to the process
realising that if momentum toward this project is lost, it may be delayed for a
very long time."
