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Upc Agreement

In May 2013, the Danish Ministry of Justice declared that a referendum or a majority of five was needed for Denmark to ratify the agreement because of its constitutional requirements for the transfer of sovereignty. [67] [124] The Danish People`s Party and the Red-Green Alliance, which controlled enough seats in folketing (22 and 12 or just over one-sixth of the 179 seats respectively) to block ratification without a referendum, said that a referendum should be held. [67] The People`s Party has said it will support the UPC if the ruling parties promise to hold a referendum on the EU`s banking union proposal or to increase restrictions on the distribution of social benefits to foreigners in Denmark. [125] In the absence of a parliamentary agreement, an upc referendum was held on 25 May 2014 at the same time as the European elections. [126] The Danish Constitution stipulates that the referendum will result in a «yes» result, unless at least 30% of all voters and more than 50c/o if the votes cast vote against it. [127] The referendum resulted in 62.5% yes[70] which led to the adoption of the ratification law, with the ratification instrument being tabled on 20 June 2014. [26] 2. Unless the licensee is otherwise permitted, the holder of an exclusive patent licence is allowed to refer the matter to the Court of Justice in the same circumstances as the patent holder, provided that the patent holder is informed in advance. In October 2013, European Council President Herman Van Rompuy declared that «the dream of a single patent is still not fully realized» and called on «EU member states to ratify the agreement». [53] However, the result of the 2016 Brexit referendum cast doubt on the future of the UPC. [54] The list of states that are signatories to the ratification status is reproduced below. [26] The agreement was signed in Brussels on 19 February 2013 by 24 states, including all states participating in enhanced cooperation actions, with the exception of Bulgaria and Poland, while Italy, which has not acceded to the enhanced cooperation measures, signed the UPC agreement. It is open to all EU Member States (whether or not they have participated in the unitary patent), but not to other parties to the European Patent Convention.

Bulgaria signed the agreement on 5 March after completing its internal procedures. [31] [32] [33] Meanwhile, Poland has decided to wait to see how the new patent system works before joining, fearing it could harm its economy. [34] Although Italy did not originally participate in the unified patent rules, it officially joined them in September 2015. [35] Whatever the outcome of this process, the court will be able to process the European patents in force in the country if you become a party to the UPC agreement. [36] Spain and Croatia (the latter would join the EU in July 2013) are the only EU Member States not to participate in the UPC or the unitary patent, but both countries can join the unitary patent system at any time.

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