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2024, Articles, Cyberculture

EAN Code Andorra: Why It Shares Spain’s 84 Code

Posted on by FMTAD
Ultra-realistic image illustrating Andorra's shared EAN code with Spain, featuring a barcode starting with 84 and a map connecting Andorra and Spain.
09
Sep
Update: August 29, 2024 Jacques Gascuel discusses the crucial intersection of Telegram and cybersecurity in light of Pavel Durov’s arrest. Featured in our Cyberculture section, this analysis underscores the evolving responsibilities of tech leaders and the importance of balancing privacy with security. Stay informed as this topic may be updated, and thank you for following our Cyberculture updates.

Everything You Need to Know About EAN Codes: Andorra’s Shared 84 Code with Spain

EAN Code Andorra plays a crucial role in identifying products, but why does Andorra, despite being a co-principality with France, share its EAN code with Spain? In this article, we will explore the EAN coding system, explain how it works, and uncover the reasons why Andorra uses the 84 code with Spain. Additionally, you’ll find a complete guide that helps you understand this unique coding arrangement.

Key Highlights: EAN Code Andorra & Spain’s Shared 84 Code

  1. EAN Code Andorra: All About EAN Codes and Their Importance: Andorra shares the 84 code with Spain, mainly due to strong trade relationships.
  2. What Is an EAN Code and Why Is It Important?: EAN codes play a critical role in global product identification, especially in retail and supply chains.
  3. How EAN Codes Are Structured: The structure of EAN codes consists of a country prefix, product number, and check digit.
  4. Complete List of EAN Codes by Country (Updated in 2024): A comprehensive list of EAN codes for countries with assigned EAN-13 codes, updated for 2024.
  5. Why Does Andorra Share Its EAN Code with Spain?: Andorra shares its EAN code with Spain due to economic ties and logistical efficiency.
  6. Examples of Valid EAN Codes for Andorra: Valid EAN codes for Andorran products, starting with the prefix 84.
  7. How the Shared EAN Code Works: How GS1 manages Andorra’s shared EAN code with Spain.
  8. Benefits of Sharing the Code: Advantages for Andorra in sharing its EAN code with Spain, such as cost reduction and logistical efficiency.
  9. How to Verify the Validity of EAN and UPC Codes: Methods for checking the validity of EAN and UPC codes using the check digit.
  10. UPC and EAN: Differences and Correspondence: The difference between UPC and EAN codes and how they correspond.
  11. Alternatives to GS1 for Obtaining EAN Codes: Exploring alternatives like resellers, online platforms, and local agencies for obtaining EAN codes.
  12. Finding the Best EAN Code Solution for Your Business: Determining the right EAN code acquisition strategy depending on your business needs.

All About EAN Codes and Their Importance

EAN Code Andorra illustrates how the EAN (European Article Number) system operates on a global scale. GS1 actively manages this system, which ensures that every product crossing international borders has a unique identifier. Over 100 countries rely on EAN codes to track and identify goods efficiently.

Businesses that engage in international trade must assign EAN codes to their products. These codes play a critical role in streamlining logistics and improving product traceability. By adopting this system, companies guarantee that their products are correctly identified, no matter where they are shipped or sold. As a result, they meet global standards, enhancing both their credibility and operational efficiency in the global market.

What Is an EAN Code and Why Is It Important?

An EAN code allows businesses to identify and track products globally with ease. These codes play a critical role in retail, supply chain management, and product traceability systems. By using EAN codes, businesses automate inventory management and streamline commercial transactions. As a result, companies can manage their stock more efficiently, reduce errors, and ensure their products are easily traceable from production to sale. This makes EAN codes indispensable for businesses operating in today’s fast-paced global market.

How EAN Codes Are Structured

An EAN-13 code is made up of the following elements:

  • The first 3 digits are the country prefix, representing where the company is registered.
  • The next 9 digits identify the company and its specific product.
  • The final digit is a check digit, calculated to verify the accuracy of the code.

Complete List of EAN Codes by Country (Updated in 2024)

In this section, you’ll find the complete list of 195 countries, highlighting which ones have their own EAN code and which do not. These EAN codes, managed by GS1, are crucial for identifying products in global commerce. By 2024, around 130 countries have been assigned a unique EAN code, while others either share a code with neighboring countries or do not require one. This table allows you to quickly determine if your country has a unique EAN code or shares one.

Countries with Assigned EAN Codes

Below is the list of countries that have been assigned a specific EAN-13 code by GS1. This assignment ensures proper product identification and traceability, helping businesses streamline international trade and manage stock efficiently. By using these codes, companies can ensure their products comply with global standards for accurate identification across borders.

Country EAN-13 Code
Algeria 613
Andorra (with Spain) 84
Argentina 779
Armenia 485
Australia 93
Austria 90 to 91
Belgium 54
Bolivia 777
Brazil 789 to 790
Bulgaria 380
Canada 00 to 13
Chile 780
China 690 to 695
Colombia 770 to 771
Croatia 385
Cyprus 529
Czech Republic 859
Denmark 57
Egypt 622
El Salvador 741
Finland 64
France 300 to 379
Georgia 486
Germany 400 to 440
Greece 520
Honduras 742
Hungary 599
Iceland 569
India 890
Indonesia 899
Iraq 626
Ireland 539
Israel 729
Italy 80 to 83
Japan 45 and 49
Kazakhstan 487
Kenya 616
Latvia 475
Lithuania 477
Luxembourg 54
Malaysia 955
Malta 535
Mexico 750
Netherlands 87
New Zealand 94
Nicaragua 743
North Macedonia 531
Norway 70
Panama 745
Paraguay 784
Peru 775
Philippines 480
Poland 590
Portugal 560
Romania 594
Russia 460 to 469
Saudi Arabia 628
Serbia 860
Singapore 888
Slovakia 858
Slovenia 383
South Africa 600 to 601
South Korea 880
Spain (with Andorra) 84
Sri Lanka 479
Sweden 73
Switzerland 76
Taiwan 471
Thailand 885
Tunisia 619
Turkey 869
Ukraine 482
United Kingdom 50
United States 00 to 13
Venezuela 759
Vietnam 893

Countries Without Assigned EAN Codes

On the other hand, several countries have not been assigned their own EAN code. In many cases, these countries either do not participate extensively in international trade, or they share a code with a larger neighboring country. For businesses or consumers looking to identify whether their country has a unique EAN code, here is the list of countries that do not have a dedicated EAN code:

Country EAN-13 Code
Afghanistan Not assigned
Albania Not assigned
Antigua and Barbuda Not assigned
Aruba Not assigned
Bahamas Not assigned
Barbados Not assigned
Belize Not assigned
Bhutan Not assigned
Botswana Not assigned
Burundi Not assigned
Cape Verde Not assigned
Central African Republic Not assigned
Chad Not assigned
Comoros Not assigned
Congo (Brazzaville) Not assigned
Congo (Kinshasa) Not assigned
Djibouti Not assigned
Dominica Not assigned
East Timor Not assigned
Eritrea Not assigned
Eswatini (Swaziland) Not assigned
Fiji Not assigned
Gabon Not assigned
Gambia Not assigned
Grenada Not assigned
Guinea Not assigned
Guinea-Bissau Not assigned
Guyana Not assigned
Haiti Not assigned
Jamaica Not assigned
Kiribati Not assigned
Laos Not assigned
Lesotho Not assigned
Liberia Not assigned
Libya Not assigned
Madagascar Not assigned
Maldives Not assigned
Mali Not assigned
Mauritania Not assigned
Micronesia Not assigned
Monaco Not assigned (Shares with France)
Mongolia Not assigned
Montenegro Not assigned
Mozambique Not assigned
Myanmar Not assigned
Namibia Not assigned
Nepal Not assigned
Niger Not assigned
Palau Not assigned
Papua New Guinea Not assigned
Rwanda Not assigned
Samoa Not assigned
Sao Tome and Principe Not assigned
Seychelles Not assigned
Sierra Leone Not assigned
Solomon Islands Not assigned
Somalia Not assigned
South Sudan Not assigned
St Kitts and Nevis Not assigned
St Lucia Not assigned
St Vincent and Grenadines Not assigned
Sudan Not assigned
Suriname Not assigned
Syria Not assigned
Tonga Not assigned
Turkmenistan Not assigned
Tuvalu Not assigned
Uganda Not assigned
Uzbekistan Not assigned
Vanuatu Not assigned
Yemen Not assigned
Zambia Not assigned
Zimbabwe Not assigned

In summary, as of 2024, 130 countries have been officially assigned EAN codes, while the remaining countries either share a code with another nation or have not yet been assigned a code. This distinction helps businesses and consumers understand the status of EAN codes for their respective countries, ensuring that products are correctly identified and managed in the international market.

Why Does Andorra Share Its EAN Code with Spain?

Andorra, though a co-principality with both France and Spain, actively chooses to share Spain’s EAN 84 code rather than having its own unique code. This decision is primarily driven by practical and economic factors.

First and foremost, Andorra maintains strong economic ties with Spain. Over the years, Andorra has relied on Spain for the majority of its imports, including essential goods such as food, fuel, and other products. This long-standing relationship naturally led Andorran businesses to align themselves more closely with Spain in terms of trade and logistics.

In addition, the small size of Andorra’s market makes it less feasible to maintain a unique EAN code. With a relatively small population and limited market activity, it isn’t cost-effective for Andorra to have its own system. Sharing Spain’s code helps reduce costs and streamline processes, enabling Andorran companies to integrate smoothly into Spain’s commercial network.

Moreover, logistical efficiency plays a critical role in this choice. By using Spain’s well-established commercial infrastructure, Andorra simplifies its logistics and stock management processes. This allows Andorran businesses to focus on their core operations without worrying about managing separate systems for product identification. As a result, they ensure compliance with global trade standards and enhance their ability to participate in international markets.

In the end, Andorra’s decision to share the EAN code with Spain reflects practical realities and strategic choices. Leveraging Spain’s infrastructure for logistics and distribution, Andorran companies enjoy smoother operations, lower costs, and easier access to global markets, all while ensuring that their products meet international standards for identification and trade.

Examples of Valid EAN Codes for Andorra

For Andorra, the EAN-13 code starts with 84. Here are some examples of valid EAN codes for products registered in Andorra:

  • 8400000000012
  • 8400000000029
  • 8400000000036

These codes follow the standard EAN-13 structure, with the prefix “84” indicating Andorra/Spain, followed by a product reference number and a calculated check digit.

How the Shared EAN Code Works

GS1 manages the EAN 84 code that Andorra shares with Spain. Andorran companies register their products for international trade and use Spain’s infrastructure to handle logistics and distribution. This setup ensures that Andorran businesses can efficiently enter global markets without needing their own EAN code.

Other small countries, such as Monaco and San Marino, also share EAN codes with larger neighbors like France and Italy. They benefit from the same logistics and distribution advantages, which simplifies their participation in international trade. By sharing these codes, smaller nations ensure full compliance with global standards, while avoiding the complexities of managing their own code.

Benefits of Sharing the Code

There are several advantages to Andorra sharing its EAN code with Spain:

  • Simplified Trade: Andorran products can move freely between Andorra and Spain without needing recoding.
  • Cost Reduction: Companies in Andorra avoid the expense of obtaining and managing a separate EAN code.
  • Efficient Stock Management: Sharing a code allows businesses to use the same product tracking systems as Spanish companies.

How to Verify the Validity of EAN and UPC Codes

Ensuring that your EAN or UPC codes are valid is essential for avoiding errors in product tracking and inventory management. This section explains how to verify codes by calculating the check digit and ensuring compliance with international standards.

Differences Between EAN and UPC Codes

  • UPC (Universal Product Code): This is a 12-digit barcode primarily used in North America.
  • EAN (European Article Number): A 13-digit barcode used internationally, particularly in Europe.

Both codes refer to the same products, but the EAN adds a digit to comply with global standards.

Steps to Verify EAN Codes Using the Check Digit

You can verify the validity of an EAN code by calculating its check digit. Let’s take the example of the EAN code 0659436219502 and follow these steps:

  1. Multiply the digits:
    • Multiply the odd-positioned digits (1st, 3rd, 5th, etc.) by 1.
    • Multiply the even-positioned digits (2nd, 4th, 6th, etc.) by 3.
  2. Add the results: Add the results of your multiplications:
    • (0 * 1) + (6 * 3) + (5 * 1) + (9 * 3) + (4 * 1) + (3 * 3) + (6 * 1) + (2 * 3) + (1 * 1) + (9 * 3) + (5 * 1) + (0 * 3) = 110.
  3. Determine the check digit:
    • Find the number that, when added to your total, will make it a multiple of 10.
    • In this case, the total is 110, which is already a multiple of 10, so the check digit is 0.
  4. Confirm the code:
    • With the check digit 0, the full EAN code 0659436219502 is valid.

How to Verify the Validity of EAN and UPC Codes

Verifying the validity of your EAN or UPC codes is essential for preventing errors in product tracking and inventory management. To confirm that your codes are correct, you can calculate the check digit. This simple process confirms whether the code follows the proper structure. However, to ensure full compliance with global standards, you should consider using tools like Verified by GS1.

By using GS1’s verification service, you can easily check if your product’s code is registered and recognized worldwide. This step not only guarantees that your EAN or UPC code meets international standards, but it also enhances your credibility in the market. As a result, you can ensure smooth operations across the supply chain, minimizing the risk of errors and maintaining trust with your partners and customers.

UPC and EAN: Differences and Correspondence for Andorran Products

While UPC and EAN codes differ in length, they both identify the same product globally. The UPC code typically consists of 12 digits, mainly used in North America, while the EAN code has 13 digits and is used internationally, including in Andorra, which shares the EAN 84 code with Spain.

Here’s how UPC and EAN codes correspond for the same Andorran product:

Product UPC EAN (Andorra)
Andorran Product 1 012345678905 84012345678905
Andorran Product 2 123456789012 84123456789012
Andorran Product 3 234567890123 84234567890123

In these examples, you can see that the EAN codes begin with 84, representing Andorra/Spain, and are structured similarly to UPC codes, with the addition of an extra digit to comply with international standards.

Alternatives to GS1 for Obtaining EAN Codes

While GS1 is the global authority responsible for assigning EAN codes, there are several alternative methods to obtain these codes. These options are often better suited for small businesses or start-ups that may be looking for more cost-effective solutions. Let’s explore these alternatives and their advantages.

EAN Code Resellers

First, you can consider purchasing EAN codes from resellers. These resellers buy unused EAN codes from GS1 and then sell them at a reduced price. As a result, this option can be much more affordable. However, you need to keep in mind that these codes might not be registered under your company in the GS1 database, which could lead to potential issues when it comes to product traceability.

Online Platforms

Another convenient option involves using online platforms like Nationwide Barcode and Buyabarcode.com, which provide EAN codes quickly and at a lower cost. In this case, you benefit from faster access to the codes. However, because these codes might not be directly linked to your company in the official GS1 system, this could cause traceability challenges with larger retailers or international partners.

Local or Regional Solutions

In some regions, local agencies offer EAN codes specifically for use within that country or area. These local solutions are usually cheaper, making them a good choice for businesses that operate regionally. On the downside, these codes may not be recognized internationally, limiting your opportunities for global trade.

Finding the Best EAN Code Solution for Your Business

When you sell products internationally or work with large retailers, obtaining your EAN codes directly from GS1 ensures full recognition and traceability across global markets. This choice provides the highest level of confidence that your products will meet international standards. It helps your business thrive in a competitive environment.

On the other hand, if your business operates primarily in local or regional markets, you should consider exploring more affordable alternatives. You could turn to EAN resellers or local agencies, which offer flexibility at a lower cost. These options still allow you to meet the needs of smaller markets. At the same time, they give you room to scale when necessary. In many cases, this approach proves more cost-effective for businesses that don’t require global compliance right away.

Throughout this guide, you’ve discovered how EAN codes work and learned why Andorra shares the 84 code with Spain. You’ve also found out how to verify code validity. Whether you run a small business with local reach or a large enterprise with global aspirations, understanding the best approach to EAN code acquisition empowers you to make the right decision for your business. In the end, choosing the right path sets your products up for success. It ensures they can be tracked and managed smoothly, no matter where they are sold.

2023, Articles, Cyberculture, EviCore HSM OpenPGP Technology, EviCore NFC HSM Browser Extension, EviCore NFC HSM Technology, Legal information, Licences Freemindtronic

Unitary patent system: why some EU countries are not on board

Posted on by FMTAD
Unitary Patent system European why some EU countries are not on board
01
Aug

Unitary patent system by Jacques Gascuel: This article will be updated with any new information on the topic.  

Why some EU countries don’t want the unitary patent

The unitary patent system promises to simplify and unify patent protection in Europe. But not all EU countries are on board. Discover why some countries like Spain have opted out and what it means for inventors.

Why some EU countries are not on board

What is the unitary patent?

The unitary patent is a new scheme that allows inventors and innovative companies to protect their inventions in 17 EU member states by filing a single request to the European Patent Office (EPO) 1. It is an alternative option to the classical European patent, which requires individual validation and maintenance in each country where the patent holder wants to benefit from protection 1. The unitary patent  entered into force on 1 June 2023, after the ratification of the Agreement on a Unified Patent Court (UPC Agreement) by 17 states participating in enhanced cooperation 2. It is expected that more EU states will join this scheme in the future 1.

The unitary patent is based on the European patent granted by the EPO under the rules of the European Patent Convention (EPC), so nothing changes in the pre-grant phase and the same high standards of quality search and examination apply. After a European patent is granted, the patent holder can request unitary effect, thereby obtaining a European patent with unitary effect (unitary patent) that provides uniform protection in initially 17 EU member states.

What is the current status of the unitary patent?

The unitary patent system is a new scheme that allows inventors and innovative companies to protect their inventions in 17 EU member states by filing a single request to the European Patent Office (EPO) . It is an alternative option to the classical European patent, which requires individual validation and maintenance in each country where the patent holder wants to benefit from protection . The unitary patent is expected to start in early 2023, after the ratification of the Agreement on a Unified Patent Court (UPC Agreement) by 17 states participating in enhanced cooperation . It is expected that more EU states will join this scheme in the future.

The UPC Agreement

The UPC Agreement is an international treaty that establishes the Unified Patent Court (UPC), a supranational specialised court that will have exclusive jurisdiction to settle disputes relating to unitary patents and European patents . The UPC Agreement was signed by 25 EU member states in 2013, but it requires the ratification by at least 13 states, including France, Germany and Italy, to enter into force.

As of June 2021, 16 states have ratified the UPC Agreement, including France and Italy . Germany has also ratified the UPC Agreement in December 2020, but its ratification is pending before the German Constitutional Court, which has received two constitutional complaints against it . The German government has expressed its intention to deposit its instrument of ratification as soon as possible after the resolution of these complaints . The UK, which was initially one of the mandatory ratifying states, has withdrawn from the unitary patent system after leaving the EU in 2020.

The main obstacle and challenges

The main remaining obstacle for the implementation of the unitary patent system is therefore the outcome of the German constitutional complaints. If they are dismissed or overcome, Germany could deposit its instrument of ratification and trigger the entry into force of the UPC Agreement within three months . However, if they are upheld or delayed, Germany could be prevented from joining the unitary patent or cause further uncertainties and complications for its launch.

Other challenges for the implementation of the unitary patentinclude the practical and logistical arrangements for the operation of the Unified Patent Court, such as the recruitment and training of judges, the establishment of IT systems and facilities, and the adoption of procedural rules and guidelines . Moreover, some legal and political issues may arise from the withdrawal of the UK from the unitary patent, such as the impact on the linguistic regime of the unitary patent, the distribution of the workload and the cases among the different divisions of the Unified Patent Court, and the compatibility of the UPC Agreement with EU law.

What are the advantages?

The unitary patent system offers several advantages for inventors and innovative companies who want to protect their innovations in the EU. Among these advantages, we can mention:

  • The simplification of the procedure: the patent holder no longer needs to carry out complex and costly procedures with national offices to validate their European patent in each country 1.
  • They only need to request unitary effect from the EPO, which is their single interlocutor 2.
  • The reduction of costs: the patent holder no longer has to pay validation fees, translation fees, representation fees or annual national fees to keep their patent in force in the countries covered by the unitary patent 1.
  • They only pay a single annual fee to the EPO, which is calculated according to a progressive scale 3.
  • The legal certainty: the patent holder benefits from a uniform protection in all countries where the unitary patent takes effect, without risk of fragmentation or divergence between national rights 1.
  • They can also enforce their rights before a supranational specialised court, the Unified Patent Court (UPC), which has exclusive jurisdiction to settle disputes relating to infringement and validity of unitary patents.

How does the unitary patent compare with other patent systems?

The unitary patent system is not the only option for obtaining patent protection in multiple countries. There are other regional or international patent systems that offer different advantages and disadvantages for inventors and innovative companies. Here are some examples:

The European Patent Convention (EPC)

The EPC is an international treaty that allows applicants to file a single application at the European Patent Office (EPO) and obtain a European patent that can be validated in up to 38 contracting states . The EPC is not affected by the unitary patent system and will continue to operate in parallel with it. The EPC offers more flexibility than the unitary patent, as applicants can choose which countries they want to validate their European patent in. However, it also involves more costs and formalities than the unitary patent, as applicants have to pay validation fees, translation fees and annual national fees in each country where they want to maintain their European patent.

The Patent Cooperation Treaty (PCT)

The PCT is an international treaty that allows applicants to file a single international application at a national or regional office and obtain an international search report and a preliminary examination report on their invention . The PCT does not grant patents directly, but facilitates the entry into national or regional phases in up to 153 contracting states . The PCT offers more time than the unitary patent system, as applicants can delay their decision on which countries they want to pursue their patent protection in for up to 30 or 31 months from the priority date . However, it also involves more complexity than the unitary patent, as applicants have to comply with different requirements and procedures in each country where they enter the national or regional phase.

The Eurasian Patent Convention (EAPC)

The EAPC is an international treaty that allows applicants to file a single application at the Eurasian Patent Office (EAPO) and obtain a Eurasian patent that can be validated in up to 8 contracting states . The EAPC is not related to the unitary patent system and operates independently from it. The EAPC offers more simplicity than the unitary patent, as applicants do not have to pay any validation fees or translation fees in the countries where they want to validate their Eurasian patent . However, it also involves more risk than the unitary paten system, as applicants cannot opt out of the jurisdiction of the Eurasian Court of Patent Disputes, which can invalidate their Eurasian patent in all contracting states.

How Freemindtronic’s international patents are related to the unitary patent

Freemindtronic is an Andorran company that creates innovative solutions for security, cyber-security and counter-espionage, using contactless technology (NFC). We have several inventions that are protected by international patents in the fields of embedded systems, access control and segmented key authentication. For example, our patented technologies EviCore NFC HSM, which manage encryption keys in an NFC HSM device, EviCore HSM OpenPGP, which manage encryption keys in a security element of phones, EviVault NFC HSM Cold Wallet operating without contact, EviKey NFC a contactless secured USB key and the technology EviCypher NFC HSM which encrypts all types of data. These technologies implement our patents and especially the one based on the segmented key authentication system. The latter received the gold medal of international inventions of Geneva 2021.

Our patent options

Our patents are based on the European patent granted by the European Patent Office (EPO) under the rules of the European Patent Convention (EPC). Therefore, we could benefit from the unitary patent system, which is a new scheme that allows inventors and innovative companies to protect their inventions in 17 EU member states by filing a single request to the EPO. However, we would also have to consider the disadvantages and risks of the unitary patent, such as the risk of total invalidation, the lack of flexibility and the exclusion of some countries. Moreover, we would have to deal with the legal issues of the unitary patent for non-participating countries, such as cross-border infringement cases and jurisdictional conflicts.

Our patent strategy

We have opted for the unitary patent only for our segmented key authentication system, and we have added some non-participating countries to our other European patents. The reasons behind this choice are related to our market strategy, our innovation potential and our risk assessment. For instance, we have decided to use the unitary patent for our segmented key authentication system because we consider it as our core invention and we want to protect it in a uniform and effective way in most EU countries. On the other hand, we have decided to add some non-participating countries to our other European patents because we want to preserve our flexibility and avoid possible invalidation challenges in those countries.

Conclusion

Our international patents are relevant examples of how the unitary patent system can affect inventors and innovative companies in Europe, both positively and negatively. They illustrate the opportunities and challenges that the unitary patent poses for innovation and competitiveness in the EU.

How can legal issues of the unitary patent for non-participating countries be resolved?

The legal issues of the unitary patent system for non-participating countries are complex and not yet fully resolved. One of the main questions is how to deal with cross-border infringement cases involving unitary patents and national patents. For instance, if an inventor from a non-participating country, such as Spain, wants to enforce his rights on his classic European patent in a participating country, such as France, where a unitary patent holder claims to infringe his patent, which law should he consider? Well, the question is not easy to answer, because he will have to take into account many international standards. In the end, this very important aspect will be “subjected” to a very complex situation that will necessarily be defined with the successive application of the law.

Another question is how to ensure a fair balance between the rights and obligations of unitary patent holders and national patent holders in non-participating countries. For example, if a unitary patent holder wants to enforce their rights in a non-participating country, such as Poland, where a national patent holder is allegedly infringing their patent, which court should they go to? Well, the answer is not clear, as it will depend on the interpretation and application of various international agreements. In principle, the unitary patent holder should go to the national court of Poland, but they may face some difficulties or disadvantages in comparison with the national patent holder, such as higher costs, longer procedures or different standards of proof.

One possible way to resolve these legal issues is to harmonise the rules and practices of the unitary patent and the national patent systems in Europe. This could be achieved by adopting common standards and guidelines for patent examination, grant, validity and enforcement, as well as by establishing mechanisms for cooperation and coordination between the UPC and the national courts. Another possible way is to extend the scope and coverage of the unitary patent and the UPC to all EU member states and other EPC contracting states. This could be achieved by encouraging and facilitating their participation in the enhanced cooperation and ratification of the UPC Agreement.

However, these solutions may face some practical and political challenges, such as the lack of consensus or willingness among the different stakeholders, the respect for national sovereignty and diversity, or the compatibility with EU law and international obligations. Therefore, it is important that the unitary patent and its legal implications are carefully monitored and evaluated, and that its benefits and drawbacks are balanced and communicated to all parties involved.

What are the disadvantages?

The unitary patent system is not without disadvantages for some actors in the patent market. Among these disadvantages, we can mention:

  • The risk of total invalidation: the patent holder faces the possibility that their patent will be cancelled in all countries where it takes effect, if the UPC finds that it does not meet the requirements of patentability. They do not have the possibility to limit or amend their patent to avoid this fatal outcome.
  • The lack of flexibility: the patent holder cannot choose the countries where they want to protect their invention, nor renounce their patent in some countries to avoid paying fees or to circumvent legal obstacles. They must accept or refuse unitary effect as a whole.
  • The exclusion of some countries: the patent holder cannot benefit from protection in all EU member states, since some countries have decided not to participate in the unitary patent or have not yet ratified the UPC Agreement 1.
  • This is notably the case of Spain, which is one of the few EU countries that does not intend to be part of the unitary patent

What are the best practices or strategies for using or avoiding the unitary patent?

The unitary patent system offers a new opportunity for inventors and innovative companies who want to protect their inventions in Europe. However, it also poses some challenges and risks that need to be carefully considered. Depending on their needs and goals, they may decide to use or avoid the unitary patent, or to combine it with other patent systems. Here are some factors to consider when making this decision:

The scope of protection

The unitary patent system provides a uniform protection in 17 EU member states, which may cover a large part of the European market. However, it does not cover all EU member states, nor non-EU countries that are part of the EPC or the PCT. Therefore, inventors and innovative companies should assess whether the unitary patent covers their target markets, or whether they need to seek additional protection in other countries.

The cost of protection

The unitary patent reduces the cost of protection in Europe, as it eliminates the need to pay validation fees, translation fees and annual national fees in each country where the unitary patent takes effect. However, it also introduces a single annual fee for the unitary patent, which is calculated according to a progressive scale . Therefore, inventors and innovative companies should compare the cost of the unitary patent with the cost of other patent systems, and consider whether they need protection in all countries covered by the unitary patent, or whether they can save money by choosing a smaller number of countries.

The risk of invalidation

The unitary patent increases the risk of invalidation in Europe, as it exposes the unitary patent to a single challenge before the UPC, which can invalidate it in all countries where it takes effect. Moreover, the UPC is a new court that may have some uncertainties and inconsistencies in its interpretation and application of the law. Therefore, inventors and innovative companies should evaluate the strength and validity of their inventions, and consider whether they want to avoid this risk by opting out of the UPC for their European patents, or by using other patent systems that allow them to limit or amend their patents in case of invalidation challenges.

The enforcement of rights

The unitary patent facilitates the enforcement of rights in Europe, as it allows the holders of unitary patents to sue infringers before the UPC, which can grant pan-European injunctions and damages. However, it also exposes them to counterclaims for invalidity before the UPC, which can invalidate their unitary patents in all countries where they take effect. Therefore, inventors and innovative companies should assess the likelihood and impact of infringement and invalidity actions, and consider whether they want to benefit from this facilitation by opting in to the UPC for their European patents, or whether they want to retain more control over their litigation strategy by using national courts or other patent systems.

Why do some EU countries not want to join the unitary patent

The reasons for some EU countries’ exclusion from the unitary patent are diverse. Spain, for example, considers that the linguistic regime of the unitary patent, which relies on the three official languages of the EPO (English, French and German), is discriminatory and harms its economic and cultural interests. It believes that Spanish, which is the second most spoken native language in the world, should be recognised as an official language of the unitary patent, or at least, that the holders of unitary patents should be required to provide a full translation in Spanish of their patents. It also fears that the unitary patent will strengthen the dominant position of the English-speaking and German-speaking countries in the field of innovation and will reduce the development opportunities of Spanish companies.

Croatia, on the other hand, has not joined enhanced cooperation for setting up the unitary patent, because it joined the EU after the launch of this initiative. However, it has expressed its interest in joining the unitary patent in the future.

Poland and the Czech Republic have participated in enhanced cooperation, but have not signed or ratified the UPC Agreement, which is a prerequisite for being part of the unitary patent 2. These countries have invoked economic and legal reasons to justify their withdrawal. Poland has estimated that the unitary patent would have a negative impact on its national budget and on its competitiveness. The Czech Republic has expressed doubts about the compatibility of the unitary patent with EU law and about the quality of automatic translations .

Slovakia has also participated in enhanced cooperation, but has opposed the regulation on the unitary patent and has challenged it before the Court of Justice of the EU (CJEU). It has argued that the regulation was contrary to the principle of equal treatment between the member states and the official languages of the EU. It has also questioned the legal basis of the regulation and its respect for national competences in the field of industrial property. The CJEU rejected its request in 2015.

Hungary has ratified the UPC Agreement in 2018, but has denounced it in 2020, following a decision of its Constitutional Court that declared that the Agreement was incompatible with its Constitution. The Court considered that the Agreement infringed on Hungary’s sovereignty in the matter of intellectual property and that it violated the principle of separation of powers by entrusting the settlement of disputes relating to patents to a supranational court not integrated into the Hungarian judicial system.

Here is a table that summarizes that gives the list of European countries that accept the unitary patent and the European countries that have excluded themselves from the unitary patent:

Country Status Reason
Germany Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Austria Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Belgium Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Bulgaria Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Cyprus Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Croatia Excluded Has not joined enhanced cooperation
Denmark Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Spain Excluded Has opposed enhanced cooperation and has challenged the linguistic regime of the unitary patent
Estonia Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Finland Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
France Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Greece Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Hungary Excluded Has ratified the UPC Agreement but has denounced it following a decision of its Constitutional Court
Ireland Accepts Participates in enhanced cooperation but has not yet ratified the UPC Agreement
Italy Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Latvia Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Lithuania Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Luxembourg Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Malta Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Netherlands Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Poland Excluded Participates in enhanced cooperation but has not signed or ratified the UPC Agreement
Portugal Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Czech Republic Excluded Participates in enhanced cooperation but has not signed or ratified the UPC Agreement
Romania Accepts Participates in enhanced cooperation but has not yet ratified the UPC Agreement
Slovakia Excluded Has opposed enhanced cooperation and has challenged the regulation on the unitary patent
Slovenia Accepts Participates in enhanced cooperation and has ratified the UPC Agreement
Sweden Accepts Participates in enhanced cooperation and has ratified the UPC Agreement

What are the consequences of these countries’ exclusion from the unitary patent?

The exclusion of these countries from the unitary patent has consequences for both the holders of unitary patents and the national patent holders in these countries. For the holders of unitary patents, this means that they cannot protect their inventions in these countries through the unitary patent, but they have to resort to the classical European patent or the national patent . They therefore have to bear the costs and formalities related to the validation and maintenance of their patent in these countries, as well as the risks of a fragmented protection and legal uncertainty . For the national patent holders in these countries, this means that they cannot benefit from the advantages of the unitary patent, but they have to face the increased competition of the holders of unitary patents in the other EU countries . They also have to adapt to the rules and procedures of the UPC, which can be seized by the holders of unitary patents to assert their rights against them or to challenge the validity of their classical European patents .

What are the legal issues of the unitary patent for non-participating countries?

The legal issues of the unitary patent system for non-participating countries are complex and not yet fully resolved. One of the main questions is how to deal with cross-border infringement cases involving unitary patents and national patents. For example, if an inventor from a non-participating country, such as Spain, wants to exercise their rights on their classical European patent in a participating country, such as France, where a unitary patent holder is allegedly infringing their patent, which law should they take into account? Well, the question is not easy to answer, as it will have to take into account many international norms. In the end, this very important aspect will be “subjected” to a very complex situation that will necessarily be defined with the successive application of the law.

Another question is how to ensure a fair balance between the interests of the holders of unitary patents and those of national patent holders in non-participating countries. For instance, if a national patent holder in Spain wants to challenge the validity of a unitary patent that covers an invention similar to theirs, how can they do so without having to go before the UPC, which may not be accessible or convenient for them? Conversely, if a unitary patent holder wants to enforce their rights against a national patent holder in Spain who is allegedly infringing their patent, how can they do so without having to go before a national court that may not be familiar or favourable with the unitary patent? These questions raise issues of jurisdiction, recognition and enforcement of judgments, as well as substantive law harmonisation.

These legal issues are likely to generate uncertainty and litigation for both unitary patent holders and national patent holders in non-participating countries. They may also create barriers and distortions in the internal market and affect innovation and competitiveness. Therefore, it is desirable that these issues are addressed and clarified as soon as possible, either by legislative or judicial means.

Conclusion

The unitary patent is a new scheme that offers a simplified, economical and uniform protection in 17 EU member states. It is accompanied by a Unified Patent Court, which has exclusive jurisdiction to settle disputes relating to unitary patents. The unitary patent has advantages and disadvantages for inventors and innovative companies, depending on their strategy and market. Spain is one of the few EU countries that does not intend to join the unitary patent, mainly for linguistic reasons. Its exclusion has consequences for both unitary patent holders and Spanish actors in the patent market. The unitary patent also raises legal issues for non-participating countries, which are not yet fully resolved.

In conclusion, the unitary patent system is a major innovation in the field of intellectual property in Europe, but it also poses significant challenges for its implementation and acceptance. It aims to foster innovation and competitiveness in the EU, but it also creates disparities and conflicts between participating and non-participating countries. It offers a simplified and uniform protection for inventors and innovative companies, but it also exposes them to risks and uncertainties in cross-border litigation. It is therefore important that the unitary patent is carefully monitored and evaluated, and that its benefits and drawbacks are balanced and communicated to all stakeholders.

(1) https://www.epo.org/applying/european/unitary/unitary-patent.html

(2) https://www.epo.org/applying/european/unitary.html

(3) https://www.gov.uk/guidance/the-unitary-patent-and-unified-patent-court