UPC Agreement ratified by Romania

On 14 April 2024, Romania’s Law 81/2024 entered into force, ratifying the UPC Agreement. Under Article 89(2) of the UPC Agreement, ratification will take effect and Romania will become a contracting member state on the first day of the fourth month after the instrument of ratification is deposited with the General Secretariat of the Council of the European Union. If Romania deposits the ratification instrument swiftly, it could become a contracting member state as early as 1 September this year.

This will make Romania the 18^th contracting member state where European patents with unitary effect are available and are subject to the exclusive jurisdiction of the Unified Patent Court in disputes including infringement and invalidity. Classic European patents designating Romania which are not opted out of the UPC’s jurisdiction will be subject to dual UPC/national jurisdiction during the transitional period. 24 EU member states have signed the UPC Agreement, with six now remaining to complete the ratification process.