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

The Unitary Patent (European patent with unitary effect) will only give protection in the European part of the Netherlands.

The Kingdom of the Netherlands consists of 4 countries:

  (i) the Netherlands,

  (ii) Aruba,

  (iii) Curaçao and

  (iv) Sint Maarten.

The Netherlands (the country within the Kingdom) consists of two parts:

• the part of the Netherlands within Europe; and
• the Caribbean part of the Netherlands, which consists of:
  • Bonaire;
  • Sint Eustatius; and
  • Saba.

These three islands are special municipalities of the Netherlands and are often abbreviated as the 'BES'.

Only the part of the Netherlands within Europe belongs to the territory of the European Union. Aruba, Curaçao, Sint Maarten and the BES are, with regard to the EU, so-called 'overseas countries and territories' ('pays et territoires d'outre-mer').

The European Patent Convention (EPC) is ratified by the Kingdom of the Netherlands for: - the Netherlands (European part and BES); - Curaçao; and - Sint Maarten. This is also the territory covered by the Rijksoctrooiwet 1995 (the Netherlands Patent Act of the Kingdom 1995). The territorial scope of a national patent and of a European patent are therefore the same.

The Rijksoctrooiwet 1995 is not applicable in Aruba. Aruba has its own patent act, the Aruba Patent Act (for the IP office of Aruba, see http:/​/​www.opi-aruba.org/​index.html). The EPC is not ratified for Aruba. European patents are therefore valid in the whole Kingdom, except for Aruba.

The UPP Regulations 1257/2012 and 1260/2012 only apply within the territory of the EU, i.e. in the European part of the Netherlands.

The UPC Agreement is ratified for the European part of the Netherlands, the BES, Curaçao and Sint Maarten.

The Patents Act determines that the protection of the European patent in the overseas territories is equal to the protection given by a European patent with unitary effect. The envisaged new provision in the Patents Act states (in short) that UPP Regulations 1257/2012 and 1260/2012 shall apply accordingly to the European patent that gives protection in these overseas territories.