A patent or trademark is an exclusive property right on an invention of a technical product or process. It is important for entrepreneurs to protect their innovation with a patent in order to be able to compete. On the basis of the European Patent Convention, there is indeed far-reaching cooperation when it comes to the granting of patent rights. However, the preservation, management and enforcement of patents is a national matter. National validation and judicial procedures involve administrative burdens and the risk of diverging outcomes. This is not only an obstacle to the protection of their innovations for internationally operating companies, but also for innovative SMEs and start-ups, where patent knowledge is usually available to a lesser extent.
The review of the European patent system was therefore necessary. The European patent system will become more efficient and simpler from 1 June 2023 through the introduction of the unitary patent and the establishment of the Unified Patent Court (UPC). The unitary patent offers the possibility of obtaining patent protection in virtually all EU Member States through a single registration. As a result of the unitary patent and the UPC, national validations and the associated administrative obligations and translation requirements are no longer necessary. Via the UPC, a ruling can be obtained from a single authority regarding the validity of, or infringement of, a European patent with effect throughout almost all of Europe.
The Netherlands participates in the UPC with a local division in The Hague. The UPC has a layered structure with central, regional and local divisions. In addition to the UPC headquarters in Munich and Paris, the Netherlands will have a local division in The Hague Hearing Centre. Companies can litigate about European patents here in Dutch and English. Innovative SMEs and start-ups in particular - which have less patent knowledge - will benefit from this as it will become easier to file a patent lawsuit.
The UPC will play an important role in the further development and harmonization of patent law in Europe and thus contribute to the creation of a level playing field. For this reason, at the same time as the start of the new European patent system, Dutch patent legislation will be brought into line with the UPC treaty and the EU regulations.
On May 10, 2023, the location of the Unified Patent Court in The Hague will be opened in the presence of Minister Adriaansens of EZK.
In case of questions, please feel free to contact NAZALI (nazali_amsterdam@nazali.com).
References:
NAZALI TAX & LEGAL