The Netherlands

UP

Yes

UPC

Yes

Status of ratification

Yes. The Netherlands ratified on 14 September 2016.

Local or Regional CFI

The Netherlands will host a local division in The Hague. Litigation can be done both in English and in Dutch.

Location/Venue of CFI

The Hague, at a venue adjacent to the Central Station, designated for the UPC and for arbitrations.

Judges

Two national judges and one judge from the pool.

Languages

English and Dutch.

UP/UPC implementing legislation

The law of 30 October 2019 will bring the provisions on infringement in the Dutch Patent Act in line with the provisions of the UPC Agreement. It also provides that the validation of a traditional European patent in the Netherlands will retroactively have no effect as soon as Unitary Effect has been registered with the EPO, since the Unitary Patent will then replace the national validation with retroactive effect. The national validation will however remain in force in the Dutch Antilles (except for Aruba). There is also a provision on restoration of the Dutch validation if Unitary Effect is denied or invalidated. This law has not yet entered into force, pending the deposition of the German ratification of the UPC Agreement.

Other UP matters of interest

On 23 January 2017 The Netherlands was the first country to ratify the Protocol on Privileges and Immunities.

Related links

http://ec.europa.eu/internal_market/indprop/patent/ratification/index_en.htm