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MOTION FOR A RESOLUTION on the proposed application from the city of Milan to become a specialised section of the Unified Patent Court (UPC)

6.11.2018

pursuant to Rule 133 of the Rules of Procedure

Angelo Ciocca

µþ8‑0517/2018

Motion for a European ºÏ·¨²©²ÊÍøÕ¾ resolution on the proposed application from the city of Milan to become a specialised section of the Unified Patent Court (UPC)

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–  having regard to Italy’s ratification (L.214/2016) of the Agreement on a Unified Patent Court (UPC) and the subsequent establishment in the city of Milan of a local division of the Court,

–  having regard to Rule 133 of its Rules of Procedure,

A.  whereas the provisional application of the new system has been delayed by Brexit and by the non-ratification by Germany, one of the three countries, together with France and the United Kingdom, the accession of which is a prerequisite for the opening of the new court;

B.  whereas the deposit of the ratification instrument by the United Kingdom suggests that London intends to seek to maintain the court’s main section specialising in chemical and pharmaceutical patents, even if Brexit is fully implemented;

C.  whereas this situation would lead to a legal loophole with regard to the application of EU legislation by the aforementioned section;

D.  whereas Italy is the fourth European country in terms of the number of patents filed each year, accounting for more than 10 % of the European total of 1.8 million; whereas the city of Milan is already the site of a local division of the Unified Court;

1.  Urges the Commission to promote the application of Milan, a city with excellent professional logistics qualifications, to become a fully-fledged specialised section of the Unified Patent Court.

Last updated: 20 November 2018
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