Luxembourg Ratifies UPC Protocol on Privileges and Immunities

6 April 2018

On 3 April 2018, Luxembourg became the third country (together with France and the Netherlands) to deposit its ratification of the Protocol on Privileges and Immunities (PPI) of the Unified Patent Court (UPC). This is recorded on the European Council website here. The PPI gives legal status to the UPC. There are four countries which must ratify the PPI in order for the UPC to start operating. These are Luxembourg (which will host the UPC Court of Appeal) and Germany, France & the UK (which will host the three Central Divisions of the UPC). Following ratification by France and Luxembourg, the UK and Germany are the remaining participating states which must ratify the PPI. The UK has passed legislation which will enable ratification. Germany has passed draft legislation regarding ratification, but ratification is delayed in view of the pending Federal Constitutional Court case discussed here.

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