Talk:Unitary patent/sandbox
This sandbox content will help editors to reach consensus for the current debate at Talk:Unitary_patent#Isle_of_Man. Both editors (L.tak and Danish Expert) propose a subchapter to be added in the article, but disagree how it should be formulated, and thus at the moment have posted the below two different versions.
Version 1 (written by DE)
[edit]Dependent territories of participating member states
[edit]The unitary patent will also be valid for those dependent territories of participating member states, having opted to be covered by the two implemented unitary patent regulations in the member state - which will also require full participation of the dependent territory in the European Patent Convention. The list below comprise all those dependent territories of the participating member states, where any granted unitary patent automatically will be valid.
The two Denmark dependent territories, Greenland and Faroe Islands, will neither be part of the UPC[2] nor of the unitary patent.[3]
Version 2 (written by L.tak)
[edit]Dependent territories of participating member states
[edit]The unitary patent will be valid in the European Union territory of participating member states, but certain dependent territories may decide to apply EU legislation unilaterally. The Isle of Man has indicated its willingness to do so, but not passed formal legislation to that effect.[1]
Version 3 (written by L.tak, edited by DE)
[edit]Special territories of participating member states
[edit]As the unitary patent is introduced by EU regulations, it is expected not only to be valid in the mainland territory of the participating member states, but also to be valid for those of their special territories that are part of the European Union. As of April 2014, this includes the following fourteen territories:
- Cyprus: UN Buffer Zone
- Finland: Åland
- France: French Guiana, Guadeloupe, Martinique, Mayotte, Réunion, Saint Martin
- Germany: Büsingen am Hochrhein, Helgoland
- Greece: Mount Athos
- Portugal: Azores, Madeira
- United Kingdom: Gibraltar[notes 1]
In addition to the territories above, the European Patent Convention has been extended by three participating member states in the enhanced cooperation for a unitary patent to cover part of their dependent territories outside the European Union:[9]
- France: French Southern and Antarctic Lands, French Polynesia, New Caledonia, Saint Barthélemy, Saint-Pierre and Miquelon, Wallis and Futuna
- Netherlands: Caribbean Netherlands, Curacao, Sint Maarten
- UK: Isle of Man
From the list above, the following has announced its intention to apply the unitary patent: Isle of Man.[1]
Notes
[edit]- ^ As of June 2014, UK had not extended the European Patent Convention to Gibraltar, which would first also require extension of the Paris Convention[4] and PCT to cover Gibraltar. Therefore European patents valid in the UK are not automatically valid in Gibraltar, and the UK government has currently listed the Gibraltar status for European Patents granted in UK as "unknown".[5] Any granted patent in UK can currently be extended to cover the Gibraltar territory, provided the patent holder also apply for registration within three years of its grant to the Gibraltarian registry.[6][7][8] The first version of a UK government draft law, only planned to extend the UK unitary patent legislation and UPC Agreement to the Isle of Man, and not to Gibraltar.[1]
References
[edit]- ^ a b c d "Technical Review and Call for Evidence on Secondary Legislation Implementing the Agreement on a Unified Patent Court and EU Regulations Establishing the Unitary Patent" (PDF). Annex C: Draft Statutory Instrument. Intellectual Property Office. 10 June 2014.
- ^ "Lov om en fælles patentdomstol m.v." Retsinformation. 3 June 2014.
- ^ The European Patent Convention does not apply to Greenland and the Faroe Islands. See Synopsis of the territorial field of application of international patent treaties (situation on 1 March 2013), EPO OJ 4/2013, p. 269, footnote 3
- ^ "Treaties and Contracting Parties > Contracting Parties > Paris Convention > United Kingdom". WIPO. Retrieved 4 July 2014.
- ^ Gibraltar, Independent member within the Commonwealth.
- ^ "Notice from the European Patent Office concerning the requirements to be observed when filing an international application with the EPO as a PCT receiving Office". EPO. 31 March 2014.
- ^ Gibraltar Patent Law
- ^ Registration of European patents (UK) in overseas states or territories. Official Journal EPO. 2004
- ^ Synopsis of the territorial field of application of international patent treaties (situation on 1 March 2013), EPO OJ 4/2013, p. 269, footnote 3