In an important change of position and influenced by the CJEU’s rejection of the Spanish challenge, Italy has announced it wants to join the enhanced cooperation within the European Union to create the Unitary Patent.

vlag italie kleinThis has been reported by various sources. According to the website of the Società Italiana Brevetti (SIB), Undersecretary Simona Vicari of the Italian Economy Ministry declared yesterday that joining the Unitary Patent is a priority for her ministry. ‘After the decision of the Court of Justice of the European Union of 5 May that dismissed Spain’s appeal, we have the confirmation that the legal framework of the Unitary Patent package is not in question’,  Ms. Vicari said.

The Italian press agency ANSA reported that the interministerial committee for European Affairs started a revision of the position Italy took in 2012, when it decided not join the Unitary Patent package (embodied in EU Regulations No. 1257/2012 and No. 1260/2012), protesting the language regime of the Unitary Patent package, where the official languages will be English, French and German only.

Chairman Sandro Gozi of the committee was quoted as saying he wants to end the exceptional situation Italy is currently in. It is the only EU state that has signed the Agreement to create a Unified Patent Court, but that is not participating in the enhanced cooperation. Gozi stressed the issue would still have to be discussed in Parliament, also because of the implications it may have for the Italian production system.

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