Tuesday, 24 March 2015

Luxembourgh progressing with unified patent court ratification

It appears that the Luxembourg parliament is making progress, or even ratified the Agreement on a Unified Patent Court. Ratification of the unified patent court implies that the unitary patent will be valid in Luxembourg as well.

On 18 March 2015 a vote was held on Dossier parlementaire 6696: 'Projet de loi portant approbation de l'Accord relatif à une juridiction unifiée du brevet, signé à Bruxelles, le 19 février 2013' (Bill approving the Agreement on a unified patent court, signed in Brussels, 19 February 2013).

The website of the Chambre des Députés informs us of a 'Premier vote constitutionnel (Vote positif)' (First constitutional vote (Positive vote)) and that 'Une demande de dispense du second vote a été introduit'(An application for exemption of the second voting was introduced). 

I can't tell from Luxemburg's  website if the exemption was accepted or not. [Update: according to commenter TreatyNotifier this was accepted]

For now ratification has not yet shown up on the the site of the Council of the European Union, where the instrument of ratification will have to be deposited. We have seen with previous ratifying countries that there may be some time between the ratification in parliament and the deposition of the instrument.

All 54 member voted in favor of the Unified patent court.  According to the tweet below the discussion was mainly about language and costs--two unitary patent hot button items.



  1. The last item on the list of video-recordings on the CHD says "dispense accorde" (http://www.chd.lu/wps/portal/public/RoleEtendu?action=doDocpaDetails&backto=/wps/portal/public&id=6696#), and that is also what I conclude from the video. So now it is probably up to the Grand Duke to sign off on the approval (but I am not sure about the Luxembourgian situation in that respect) and deposit the instrument of ratification with the General Secretariat of the Council of the EU!