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Romania to Ratify the Unitary Patent Court Agreement

Romania to Ratify the Unitary Patent Court Agreement

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On 16 November 2023, the Romanian Government approved the draft law aimed at ratifying the Unitary Patent Court Agreement (“UPCA”). Going forward, the draft law will be sent to the Romanian Parliament for its approval.

This means that Romanian inventors will soon be entitled to the Unitary Patent Right (“UPR”) and have access to the Unitary Patent Court (“UPC”), which aims to simplify the complex national patent system in Europe.

The UPR is a single registration that applies in multiple countries with no separate validation requirements. It provides uniform protection and has equal effect in all participating Member States. It may only be limited, transferred, revoked or lapse in participating Member States.

The UPC is a specialised patent court which became operational on 01 June 2023 and comprises a Court of First Instance, a Court of Appeals, and a Registry. The UPC hears both infringement and revocation actions and is composed of judges from all over Europe. The panels comprise both legally and technically qualified judges with significant expertise in patent litigation.

Currently, there are 24 Member States that have signed the UPCA, 17 of which have ratified it. Another seven (7) Member States are expected to ratify the UPCA in the coming years, Romania has already begun the ratification process.

By Ligia Cecilia Popescu, Partner, and Sorin Dumitru, Senior Associate, Wolf Theiss

Romanian Knowledge Partner

Țuca Zbârcea & Asociații is a full-service independent law firm, employing cross-disciplinary teams of lawyers, insolvency practitioners, tax consultants, IP counsellors, economists and staff members. It also operates a secondary law office in Cluj-Napoca (Romania), and has a ‘best-friend’ agreement with a leading law firm in the Republic of Moldova. In addition, thanks to the firm’s dedicated Foreign Desks, the team provides the full range of services to international investors seeking to gain a foothold or expand their existing operations in Romania. Since 2019, the firm and its tax arm are collaborating with Andersen Global in Romania.

Țuca Zbârcea & Asociaţii is providing legal services in every aspect of business, covering all major areas of practice: corporate and M&A; litigation and international arbitration; corporate tax; public procurement; TMT; employment; insurance; banking and finance; capital markets; competition; healthcare and pharmaceutical; energy and natural resources; environmental; intellectual property; real estate; regulatory legal services.

Țuca Zbârcea & Asociaţii is a First-Tier law firm in all international legal directories and a multiple award-winning law firm both locally and internationally. It received the CEE Deal of the Year Award (DOTY Awards 2021) and the Law Firm of the Year Award: Romania (IFLR Europe Awards 2021). 

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