On the 19th of February 2013, Malta has signed Unified Patent Court Agreement. This is an agreement which will introduce a specialized patent court that shall have the exclusive competence to adjudge disputes on patents issued by the European Patent Office under the provisions of the European Patent Convention. This Agreement is expected to facilitate litigation in Europe in relation to patents.
To date, litigation related to patents is still a matter of national courts where a multitude of national authorities decide on the infringement and validity of European patents. The new system is aimed at achieving legal security and reduce the cost of patent litigation.
The creation of the Unified Patent Court is deemed to be a considerable step towards the completion of the European Patent System. Through the unified patent system as proposed by the European Commission, the cost of patents in Europe should decrease by up to 80%. The proposal foresees a patent that will be valid in all Member States, except in Spain and Italy where the proposal on a European Patent System has been opposed.
The EU Unified Patent Court Agreement foresees that Courts shall be seated in London, Paris and Munich whilst an appeals court will be seated in Luxembourg. Cases will be heard by a three-judge panel even at the initial stage to secure that national differences are evened out. Only one judge from the panel may be from the country where the court sits.
This agreement will enter into force as of the 1st January 2014 or as soon as 13 (thirteen) signatories ratify the agreement, whichever is later. To date, the Agreement has been signed by 24 of the current 27 EU Member States – Spain, Bulgaria and Poland have not signed.
