The Agreement on the Unified Patent Court is part of a unitary patent system in the European Union aimed at stimulating innovation in Europe. The Unified Patent Court is the second pillar of this system, along with the Unitary Patent Protection.
Through this Agreement, the following rules and structures are identified:
A Unified Patent Court is established for resolving disputes concerning European patents and European patents for unitary effect and supplementary protection certificates for such patents. The court is common for all contracting Member States, and is a subject to the same obligations as any national court in terms of complying with the EU legislation.
The court will act in accordance with the Union law and will respect its rule. In the event of a breach of EU law by the Court of Appeal, contracting Member States should be jointly liable for damages and infringement proceedings against all contracting Member States should be applied in accordance with Articles 258, 259 and 260 of TFEU.
The court system is decentralized. The litigation procedure includes two instances: Court of First Instance and Court of Appeal.The Court of First Instance is decentralized and includes central and local / regional divisions.
The Central Division is headquartered in Paris with branches in London and Munich. Local or regional divisions will be established at the request of the contracting States.
The court will be composed of judges who have legal or technical training. Judges should ensure highest standards of competence and proven capabilities in the field of patent litigation.
The public consultation on the Ratification Act of the Agreement on the Unified Patent Court is open to all stakeholders from the business sector and will continue from 02.12.2015 until 20.12.2015.
More information on the Agreement and how to take part in the discussion is available here (in Bulgarian)