At the end of the first Competitiveness Council work day on Monday 29 May in Brussels, the Commissioner for the Internal Market and Industry, Elżbieta Bieńkowska, expressed her regret and concern at the delay in ratifying the protocol for the provisional application of the unitary patent.
The Commissioner informed the press that “today had been the day normally targeted for launching the provisional protocol” and added that she found this situation a “surprise”. She then expressed her hope that an agreement on the protocol would be possible before the summer break. She warned that if this were not the case, it would be impossible to issue the unitary patent this year.
It should be pointed out that the ratification by 13 member states is necessary for the application of the provisional unitary patent to enter into force. Ratification by France, Germany and the United Kingdom is indispensable because these three countries submit the most patents. This protocol will help finalise the procedural rules and recruit the judges and legal personnel for the unified jurisdiction.
Ratification from Germany and the United Kingdom is, however, still forthcoming. Germany is on the right track to submit the instruments shortly because the Bundestag adopted the draft ratification on 31 March 2017. There are doubts, however, regarding the United Kingdom, due to the early general elections on 8 June. During his speech to the Council, the Secretary of State for industry, David Prior, provided assurances that the Conservative Party would honour its commitment made last autumn, if it is re-elected (see EUROPE 11632).
Expectations are high in the industrial sector and member states. Belgium, Luxembourg and Sweden were particularly keen on highlighting the need to move forward quickly on this dossier. (Original version in French by Pascal Hansens)