IV. Territorial field of application of the European patent with unitary effect: overseas territories and areas

Under the rules governing the European Union's association with the overseas countries and territories, the two EU Regulations are not directly applicable there. However, the state with the power to legislate in the area of industrial property for those territories can put applicable provisions in place.

Overseas applicability of order No. 2018-341 of 9 May 2018 implementing the Unitary Patent and the UPC:

• Order No. 2018-341 of 9 May 2018 applies in full to Guadeloupe, French Guiana, Martinique, Réunion, Mayotte, Saint Barthélemy, Saint Pierre and Miquelon, Saint Martin and the French Southern and Antarctic Lands, as well as to Wallis and Futuna. This means that, like a traditional European patent, a European patent with unitary effect will apply in all those places (see Article L. 811-2-2).
• By contrast, the order applies only in part to New Caledonia and French Polynesia. They have their own powers in the area of industrial property and the French state ("Metropolitan France") does not have the authority to pass legislation on this for them. As things stand, the unitary patent will therefore not apply in New Caledonia or French Polynesia. (It is possible that New Caledonia and French Polynesia will exercise their powers in this area soon; if so, this questionnaire will be updated accordingly).