Twenty-four member states have signed the international agreement for establishing a Unified Patent Court (see Legal update, Final version of unified patent court agreement published) at an EU Council meeting on 19 February. The signatories included Italy, which is one of the two Member States who are challenging the enhanced co-operation procedure for unitary patent protection (the other is Spain) (see Legal update, Legal challenges by Italy and Spain to Council decision to proceed with unitary patent protection). However, two states which are participating in the enhanced co-operation procedure did not sign the UPC agreement, Bulgaria and Poland. Polish authorities stated that they would not sign because of concerns relating to the use of foreign language in the filing procedure and the fact that trials would take place outside Poland (in Paris, London or Munich). The agreement will not come into force until 13 signatory states, which must include UK, Germany and France, have ratified the agreement.

Sources: EU Council press release, 19 February 2013; IPR Helpdesk article, 19 February 2013.