Question 32665 — European Union

Summary

Mr. Jean-Christophe Lagarde draws the attention of the Secretary of State to the Minister for Europe and Foreign Affairs, responsible for European affairs, to the location of the headquarters of the Unified Patent Court (JUB) in Paris. Indeed, on February 19, 2013, almost all EU Member States agreed on provisions relating to patents to include the creation of a unitary European patent and establishing a UPC to Paris, London and Munich. To enter into force, the agreement had, in particular, to be ratified by the three States in which the greatest number of European patents were in force in 2012, namely France, the United Kingdom and Germany. However, due to “Brexit”, the British have made it clear they want to withdraw from the agreement. With regard to Germany, its Federal Constitutional Court ruled that the approval of the agreement by the Bundestag violated the national constitution insofar as the qualified majority necessary for the vote had not been respected. Since then, the creation of a unitary European patent system and the establishment of the JUB, making it possible to encourage technological innovation, strengthen the security of patent holders and further harmonize patent law, have been at a standstill. Also, he asks him to take all measures which he will deem appropriate so that within the preparatory committee of the new jurisdiction, France regains a preponderant place as well as the question of the centralization in Paris of all the sections of the court of the jurisdiction is reopened. Indeed, this centralization, in addition to the fact that it would allow the capital to become the first place in patent law, would at the same time strengthen the attractiveness and competitiveness of France. He asks her for her position on this subject.

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