National measures relating to the Unitary Patent, I. General, Estonia

I. General

Participating Member State

Validation/Extension states

Participating Member State	Estonia
1Is there any measure accompanying the implementation of the Unitary Patent	Yes
2National measure	In connection with the implementation of the European patent with unitary effect, the Estonian Parliament Riigikogu passed on 14 June 2017 the Act amending the Implementation of the Convention on the Grant of European Patents Act and other acts (hereinafter: amendments Act). Available only in Estonian: https://www.riigiteataja.ee/akt/104072017004. The amendments will enter into force simultaneously with the entry into force of the Agreement on a Unified Patent Court and of the Agreement on the Establishment of a Nordic-Baltic Regional Division of the Unified Patent Court for Estonia. A consolidated version of the Implementation of the Convention on the Grant of European Patents Act, as amended, is available in English: https://www.riigiteataja.ee/en/eli/524072017003/consolide. The amended name of the act is Implementation of the Convention on the Grant of European Patents and of Regulation (EU) No 1257/2012 of the European Parliament and of the Council Act. With the abovementioned amendments Act were also amended and supplemented the following Acts: Patents Act https://www.riigiteataja.ee/akt/119032019165 (amended full text in Estonian only) The Act is amended as follows: throughout the Act, the text "Implementation of the Convention on the Grant of European Patents Act" is replaced by the text "Implementation of the Convention on the Grant of European Patents and of Regulation (EU) No 1257/2012 of the European Parliament and of the Council Act"; … ; 3) § 39⁵ is amended by adding section 1¹ worded as follows: "(1¹ ) Supplementary protection, the basic patent of which is a European patent with unitary effect, shall be registered by entering the data prescribed in the relevant supplementary protection regulation in the Register of European Patents Valid in Estonia."; Utility Models Act https://www.riigiteataja.ee/akt/119032019164 (amended full text in Estonian only) In § 24 section 3 subsection 2 the text "Implementation of the Convention on the Grant of European Patents Act" is replaced by the text "Implementation of the Convention on the Grant of European Patents and of Regulation (EU) No 1257/2012 of the European Parliament and of the Council Act"; [RT I, 04.07.2017, 4 – enters into force simultaneously with the entry into force, in respect of Estonia, of the Agreement on a Unified Patent Court and of the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court]. Code of Civil Procedure https://www.riigiteataja.ee/en/eli/513042021008/consolide § 11 is amended by adding section 1¹ worded as follows: (1¹) A district court shall not deal with civil matters related to European patents and European patents with unitary effect, except for such civil matters related to European patents or European patents with unitary effect which are not in the competence of the Unified Patent Court in accordance with the Agreement on a Unified Patent Court (OJ C 175, 20.6.2013, p. 1–40). [RT I, 04.07.2017, 4 - enters into force simultaneously with entry into force of the Agreement on a Unified Patent Court and the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court with regard to Estonia]. Code of Civil Procedure and Code of Enforcement Procedure Implementation Act https://www.riigiteataja.ee/en/eli/531032021005/consolide The Act is amended by adding §2⁵ worded as follows: § 2⁵ . Jurisdiction of district courts in connection with the entry into force of Agreement on Unified Patent Court. For seven years following the entry into force of the Agreement on a Unified Patent Court (OJ C 175, 20.6.2013, pp. 1–40), jurisdiction to dispose of cases related to infringement or revocation of European patents and cases related to infringement or declaration of invalidity of a supplementary protection certificate issued for a product protected by a European patent is also vested in district courts. [RT I, 04.07.2017, 4 – enters into force simultaneously with the entry into force, in respect of Estonia, of the Agreement on a Unified Patent Court and of the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court]. Code of Enforcement Procedure https://www.riigiteataja.ee/en/eli/515042021001/consolide § 2 section 1 is amended by adding subsection 4¹ worded as follows: 4¹) a decision or order of the Unified Patent Court that has entered into effect and is mentioned in Article 82 of the Agreement on a Unified Patent Court (OJ C 175, 20.06.2013, pp. 1–40); [RT I, 04.07.2017, 4 – enters into force simultaneously with the entry into force of the Agreement on a Unified Patent Court and the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court with regard to Estonia]. Principles of Legal Regulation of Industrial Property Act https://www.riigiteataja.ee/akt/119032019166 (amended full text in Estonian only) § 1 section 2 is amended and worded as follows: (2) For the purposes of this Act, the following are objects of industrial property rights: 1) inventions registered pursuant to the Patents Act, the Utility Models Act or the Implementation of the Convention on the Grant of European Patents and of Regulation (EU) No 1257/2012 of the European Parliament and of the Council Act; [RT I, 04.07.2017, 4 – enters into force simultaneously with the entry into force of the Agreement on a Unified Patent Court and the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court with regard to Estonia].

Participating Member State

Estonia

Yes

In connection with the implementation of the European patent with unitary effect, the Estonian Parliament Riigikogu passed on 14 June 2017 the Act amending the Implementation of the Convention on the Grant of European Patents Act and other acts (hereinafter: amendments Act).

Available only in Estonian: https://www.riigiteataja.ee/akt/104072017004.

The amendments will enter into force simultaneously with the entry into force of the Agreement on a Unified Patent Court and of the Agreement on the Establishment of a Nordic-Baltic Regional Division of the Unified Patent Court for Estonia.

A consolidated version of the Implementation of the Convention on the Grant of European Patents Act, as amended, is available in English:

https://www.riigiteataja.ee/en/eli/524072017003/consolide.

The amended name of the act is Implementation of the Convention on the Grant of European Patents and of Regulation (EU) No 1257/2012 of the European Parliament and of the Council Act.

With the abovementioned amendments Act were also amended and supplemented the following Acts:

Patents Act

https://www.riigiteataja.ee/akt/119032019165 (amended full text in Estonian only)

The Act is amended as follows:

throughout the Act, the text "Implementation of the Convention on the Grant of European Patents Act" is replaced by the text "Implementation of the Convention on the Grant of European Patents and of Regulation (EU) No 1257/2012 of the European Parliament and of the Council Act";
… ;
3) § 39⁵ is amended by adding section 1¹ worded as follows: "(1¹ ) Supplementary protection, the basic patent of which is a European patent with unitary effect, shall be registered by entering the data prescribed in the relevant supplementary protection regulation in the Register of European Patents Valid in Estonia.";

Utility Models Act

https://www.riigiteataja.ee/akt/119032019164 (amended full text in Estonian only)

In § 24 section 3 subsection 2 the text "Implementation of the Convention on the Grant of European Patents Act" is replaced by the text "Implementation of the Convention on the Grant of European Patents and of Regulation (EU) No 1257/2012 of the European Parliament and of the Council Act";

[RT I, 04.07.2017, 4 – enters into force simultaneously with the entry into force, in respect of Estonia, of the Agreement on a Unified Patent Court and of the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court].

Code of Civil Procedure

https://www.riigiteataja.ee/en/eli/513042021008/consolide

§ 11 is amended by adding section 1¹ worded as follows:

(1¹) A district court shall not deal with civil matters related to European patents and European patents with unitary effect, except for such civil matters related to European patents or European patents with unitary effect which are not in the competence of the Unified Patent Court in accordance with the Agreement on a Unified Patent Court (OJ C 175, 20.6.2013, p. 1–40).

[RT I, 04.07.2017, 4 - enters into force simultaneously with entry into force of the Agreement on a Unified Patent Court and the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court with regard to Estonia].

Code of Civil Procedure and Code of Enforcement Procedure Implementation Act

https://www.riigiteataja.ee/en/eli/531032021005/consolide

The Act is amended by adding §2⁵ worded as follows:

§ 2⁵ . Jurisdiction of district courts in connection with the entry into force of Agreement on Unified Patent Court.

For seven years following the entry into force of the Agreement on a Unified Patent Court (OJ C 175, 20.6.2013, pp. 1–40), jurisdiction to dispose of cases related to infringement or revocation of European patents and cases related to infringement or declaration of invalidity of a supplementary protection certificate issued for a product protected by a European patent is also vested in district courts.

Code of Enforcement Procedure

https://www.riigiteataja.ee/en/eli/515042021001/consolide

§ 2 section 1 is amended by adding subsection 4¹ worded as follows:

4¹) a decision or order of the Unified Patent Court that has entered into effect and is mentioned in Article 82 of the Agreement on a Unified Patent Court (OJ C 175, 20.06.2013, pp. 1–40);

[RT I, 04.07.2017, 4 – enters into force simultaneously with the entry into force of the Agreement on a Unified Patent Court and the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court with regard to Estonia].

Principles of Legal Regulation of Industrial Property Act

https://www.riigiteataja.ee/akt/119032019166 (amended full text in Estonian only)

§ 1 section 2 is amended and worded as follows:

(2) For the purposes of this Act, the following are objects of industrial property rights: 1) inventions registered pursuant to the Patents Act, the Utility Models Act or the Implementation of the Convention on the Grant of European Patents and of Regulation (EU) No 1257/2012 of the European Parliament and of the Council Act; [RT I, 04.07.2017, 4 – enters into force simultaneously with the entry into force of the Agreement on a Unified Patent Court and the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court with regard to Estonia].

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National measures relating to the Unitary Patent, I. General, Estonia

I. General