IP/N/1/EU/P/8  
 
15 April 2013  
(13-1996)  Page: 1/6  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
EUROPEAN UNION 
This document reproduces the text1 of Council Regulation (EU) No 1260/2012 of 
17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, as notified by the European Union on 20 March 2013 under Article 63.2 of the Agreement (see document 
IP/N/1/EU/1/Corr.1).  
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
UNION EUROPÉENNE  
Le présent document contient le texte1 du Règlement (UE) n° 1260/2012 du Conseil du 
17 décembre 2012 mettant en œuvre la coopération renforcée dans le domaine de la création 
d'une protection unitaire conférée par un brevet, en  ce qui concerne les modalités applicables en 
matière de traduction, notifié par l'Union européenne le 20 mars 2013 au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/EU/1/Corr.1).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados 
con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
U
NIÓN EUROPEA  
En el presente documento se reproduce el texto1 del Reglamento (UE) Nº 1260/2012 del Consejo, 
de 17 de diciembre de 2012, por el que se establece una cooperación reforzada en el ámbito de la 
creación de una protección unitaria mediante patente en lo que atañe a las disposiciones sobre traducción, notificado por la Unión Europea el 20 de marzo de 2013 en virtud de lo dispuesto en el 
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/EU/1/Corr.1).  
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/EU/P/8 
 
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 COUNCIL REGULATION (EU) No 1260/2012  
of 17 December 2012  
implementing enhanced cooperation in the area of the creation of unitary patent protection with 
regard to the applicable translation arrangements  
THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty on the Functioning of the European 
Union, and in particular the second paragraph of Article 118 
thereof,  
Having regard to Council Decision 2011/167/EU of 10 March 
2011 authorising enhanced cooperation in the area of the 
creation of unitary patent protection (  1 ), 
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national 
parliaments,  
Having regard to the opinion of the European Parliament,  
Acting in accordance with a special legislative procedure,  
Whereas:  
(1) Pursuant to Decision 2011/167/EU, Belgium, Bulgaria, 
the Czech Republic, Denmark, Germany, Estonia, 
Ireland, Greece, France, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom (hereinafter  "partici­
pating Member States ") were authorised to establish 
enhanced cooperation between themselves in the area 
of the creation of unitary patent protection.
 
(2) Under Regulation (EU) No 1257/2012 of the European 
Parliament and of the Council of 17 December 2012 
implementing enhanced cooperation in the area of the creation of unitary patent protection (
 2 ), certain European 
patents granted by the European Patent Office (here ­
inafter ‘EPO’) under the rules and procedures of the Convention on the Grant of European Patents of 5 October 1973, as revised on 17 December 1991 and 
on 29 November 2000 (hereinafter ‘EPC’) should, at the 
request of the patent proprietor, benefit from unitary effect in the participating Member States.
 
(3) Translation arrangements for European patents benefiting 
from unitary effect in the participating Member States (hereinafter ‘European patent with unitary effect’) should be established by means of a separate Regulation, in accordance with the second paragraph of Article 118 of the Treaty on the Functioning of the European Union (TFEU).
 
(4) In accordance with Decision 2011/167/EU the trans ­
lation arrangements for European patents with unitary effect should be simple and cost-effective. They should correspond to those provided for in the proposal for a Council Regulation on the translation arrangements for the European Union patent, presented by the Commission on 30 June 2010, combined with the elements of compromise proposed by the Presidency in November 2010 that had wide support in the Council.
 
(5) Such translation arrangements should ensure legal 
certainty and stimulate innovation and should, in particular, benefit small and medium-sized enterprises (SMEs). They should make access to the European patent with unitary effect and to the patent system as a whole easier, less costly and legally secure.
 
(6) Since the EPO is responsible for the grant of European 
patents, the translation arrangements for the European patent with unitary effect should be built on the current procedure in the EPO. Those arrangements should aim to achieve the necessary balance between the interests of economic operators and the public interest, in terms of the cost of proceedings and the availability of technical information.
 
(7) Without prejudice to the transitional arrangements, 
where the specification of a European patent with unitary effect has been published in accordance with Article 14(6) of the EPC, no further translations should be required. Article 14(6) of the EPC provides that the specification of a European patent is published in the language of the proceedings before the EPO and includes a translation of the claims into the other two official languages of the EPO.EN 31.12.2012 Official Journal of the European Union L 361/89  
( 1 ) OJ L 76, 22.3.2011, p. 53.  
( 2 ) See page 1 of this Official Journal.
IP/N/1/EU/P/8 
       - 3 -(8) In the event of a dispute concerning a European patent 
with unitary effect, it is a legitimate requirement that the 
patent proprietor at the request of the alleged infringer should provide a full translation of the patent into an official language of either the participating Member State in which the alleged infringement took place or the Member State in which the alleged infringer is domiciled. The patent proprietor should also be required to provide, 
at the request of a court competent in the participating 
Member States for disputes concerning the European patent with unitary effect, a full translation of the patent into the language used in the proceedings of that court. Such translations should not be carried out by automated means and should be provided at the expense of the patent proprietor.
 
(9) In the event of a dispute concerning a claim for damages, 
the court hearing the dispute should take into consideration the fact that, before having been provided with a translation in his own language, the alleged infringer may have acted in good faith and may have not known or had reasonable grounds to know that he 
was infringing the patent. The competent court should 
assess the circumstances of the individual case and, inter alia, should take into account whether the alleged infringer is a SME operating only at local level, the language of the proceedings before the EPO and, during the transitional period, the translation submitted together with the request for unitary effect.
 
(10) In order to facilitate access to European patents with 
unitary effect, in particular for SMEs, applicants should be able to file their patent applications at the EPO in any official language of the Union. As a complementary measure, certain applicants obtaining European patents with unitary effect, having filed a European patent appli ­
cation in one of the official languages of the Union, which is not an official language of the EPO, and having their residence or principal place of business within a Member State, should receive additional reimbursements of the costs of translating from the language of the patent application into the language of the proceedings of the EPO, beyond what is currently in place at the EPO. Such reimbursements should be admin ­
istered by the EPO in accordance with Article 9 of Regu ­
lation (EU) No 1257/2012.
 
(11) In order to promote the availability of patent information 
and the dissemination of technological knowledge, machine translations of patent applications and specifi ­
cations into all official languages of the Union should be available as soon as possible. Machine translations are being developed by the EPO and are a very important tool in seeking to improve access to patent information and to widely disseminate technological knowledge. The timely availability of high quality machine translations of European patent applications and specifications into all official languages of the Union would benefit all users of the European patent system. Machine translations are a key feature of European Union policy. Such machine translations should serve for information purposes only and should not have any legal effect.
 
(12) During the transitional period, before a system of high 
quality machine translations into all official languages of the Union becomes available, a request for unitary effect as referred to in Article 9 of Regulation (EU) No 1257/2012 should be accompanied by a full translation of the specification of the patent into English where the language of the proceedings before the EPO is French or German, or into any official language of the Member States that is an official language of the Union where 
the language of the proceedings before the EPO is 
English. Those arrangements would ensure that during a transitional period all European patents with unitary effect are made available in English which is the language customarily used in the field of international technological research and publications. Furthermore, such arrangements would ensure that with respect to European patents with unitary effect, translations would be published in other official languages of the partici ­
pating Member States. Such translations should not be carried out by automated means and their high quality should contribute to the training of translation engines by the EPO. They would also enhance the dissemination of patent information.
 
(13) The transitional period should terminate as soon as high 
quality machine translations into all official languages of the Union are available, subject to a regular and objective evaluation of the quality by an independent expert committee established by the participating Member States in the framework of the European Patent Organi ­
sation and composed of the representatives of the EPO 
and the users of the European patent system. Given the 
state of technological development, the maximum period for the development of high quality machine translations cannot be considered to exceed 12 years. Consequently, the transitional period should lapse 12 years from the date of application of this Regulation, unless it has been decided to terminate that period earlier.
 
(14) Since the substantive provisions applicable to a European 
patent with unitary effect are governed by Regulation (EU) No 1257/2012 and are completed by the trans ­
lation arrangements provided for in this Regulation, this Regulation should apply from the same date as Regulation (EU) No 1257/2012.
 
(15) This Regulation is without prejudice to the rules 
governing the languages of the Institutions of the Union established in accordance with Article 342 of the TFEU and to Council Regulation No 1 of 15 April 1958 determining the languages to be used by the European Economic Community (
 1 ). This Regulation is 
based on the linguistic regime of the EPO and shouldEN L 361/90 Official Journal of the European Union 31.12.2012  
( 1 ) OJ 17, 6.10.1958, p. 385/58.
IP/N/1/EU/P/8 
       - 4 -not be considered as creating a specific linguistic regime 
for the Union, or as creating a precedent for a limited 
language regime in any future legal instrument of the Union.
 
(16) Since the objective of this Regulation, namely the 
creation of a uniform and simple translation regime for European patents with unitary effect, cannot be suffi ­
ciently achieved by the Member States and can therefore, by reasons of the scale and effects of this Regulation, be 
better achieved at Union level, the Union may adopt 
measures, where appropriate by means of enhanced cooperation, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
 
HAS ADOPTED THIS REGULATION:  
Article 1  
Subject matter  
This Regulation implements enhanced cooperation in the area 
of the creation of unitary patent protection authorised by 
Decision No 2011/167/EU with regard to the applicable trans ­
lation arrangements.  
Article 2  
Definitions  
For the purposes of this Regulation, the following definitions 
shall apply:  
(a) ‘European patent with unitary effect’ means a European 
patent which benefits from unitary effect in the participating Member States by virtue of Regulation (EU) No 1257/2012;  
(b) ‘Language of the proceedings’ means the language used in 
the proceedings before the EPO as defined in Article 14(3) 
of the Convention on the Grant of European Patents of 5 October 1973, as revised on 17 December 1991 and 
on 29 November 2000 (hereinafter ‘EPC’).  
Article 3  
Translation arrangements for the European patent with 
unitary effect  
1. Without prejudice to Articles 4 and 6 of this Regulation, 
where the specification of a European patent, which benefits 
from unitary effect has been published in accordance with Article 14(6) of the EPC, no further translations shall be required.  2. A request for unitary effect as referred to in Article 9 of 
Regulation (EU) No 1257/2012 shall be submitted in the language of the proceedings.  
Article 4  
Translation in the event of a dispute  
1. In the event of a dispute relating to an alleged 
infringement of a European patent with unitary effect, the patent proprietor shall provide at the request and the choice of an alleged infringer, a full translation of the European patent 
with unitary effect into an official language of either the partici ­
pating Member State in which the alleged infringement took 
place or the Member State in which the alleged infringer is domiciled.  
2. In the event of a dispute relating to a European patent 
with unitary effect, the patent proprietor shall provide in the course of legal proceedings, at the request of a court competent in the participating Member States for disputes concerning European patents with unitary effect, a full translation of the patent into the language used in the proceedings of that court.  
3. The cost of the translations referred to in paragraphs 1 
and 2 shall be borne by the patent proprietor.  
4. In the event of a dispute concerning a claim for damages, 
the court hearing the dispute shall assess and take into consider ­
ation, in particular where the alleged infringer is a SME, a 
natural person or a non-profit organisation, a university or a 
public research organisation, whether the alleged infringer acted without knowing or without reasonable grounds for knowing, 
that he was infringing the European patent with unitary effect 
before having been provided with the translation referred to in 
paragraph 1.  
Article 5  
Administration of a compensation scheme 
1. Given the fact that European patent applications may be 
filed in any language under Article 14(2) of the EPC, the partici ­
pating Member States shall in accordance with Article 9 of 
Regulation (EU) No 1257/2012, give, within the meaning of 
Article 143 of the EPC, the EPO the task of administering a 
compensation scheme for the reimbursement of all translation 
costs up to a ceiling, for applicants filing patent applications at 
the EPO in one of the official languages of the Union that is not an official language of the EPO.
 
2. The compensation scheme referred to in paragraph 1 shall 
be funded through the fees referred to in Article 11 of Regu ­
lation (EU) No 1257/2012 and shall be available only for SMEs, natural persons, non-profit organisations, universities and public research organisations having their residence or principal place of business within a Member State.EN 31.12.2012 Official Journal of the European Union L 361/91
IP/N/1/EU/P/8 
       - 5 -Article 6  
Transitional measures  
1. During a transitional period starting on the date of appli ­
cation of this Regulation a request for unitary effect as referred 
to in Article 9 of Regulation (EU) No 1257/2012 shall be submitted together with the following:  
(a) where the language of the proceedings is French or German, 
a full translation of the specification of the European patent 
into English; or  
(b) where the language of the proceedings is English, a full 
translation of the specification of the European patent into any other official language of the Union.  
2. In accordance with Article 9 of Regulation (EU) No 
1257/2012, the participating Member States shall give, within the meaning of Article 143 of the EPC, the EPO the task of 
publishing the translations referred to in paragraph 1 of this 
Article as soon as possible after the date of the submission of a request for unitary effect as referred to in Article 9 of Regu ­
lation (EU) No 1257/2012. The text of such translations shall 
have no legal effect and shall be for information purposes only.  
3. Six years after the date of application of this Regulation 
and every two years thereafter, an independent expert 
committee shall carry out an objective evaluation of the avail ­
ability of high quality machine translations of patent appli ­
cations and specifications into all the official languages of the Union as developed by the EPO. This expert committee shall be established by the participating Member States in the framework 
of the European Patent Organisation and shall be composed of 
representatives of the EPO and of the non-governmental organi ­
sations representing users of the European patent system invited 
by the Administrative Council of the European Patent Organi ­
sation as observers in accordance with Article 30(3) of the EPC.  
4. On the basis of the first of the evaluations referred to in 
paragraph 3 of this Article and every two years thereafter on 
the basis of the subsequent evaluations, the Commission shall present a report to the Council and, if appropriate, make 
proposals for terminating the transitional period.  
5. If the transitional period is not terminated on the basis of 
a proposal of the Commission, it shall lapse 12 years from the 
date of application of this Regulation.  
Article 7  
Entry into force 
1. This Regulation shall enter into force on the twentieth day 
following that of its publication in the  Official Journal of the 
European Union . 
2. It shall apply from 1 January 2014 or the date of entry 
into force of the Agreement on a Unified Patent Court, 
whichever is the later.  
This Regulation shall be binding in its entirety and directly applicable in the participating 
Member States in accordance with the Treaties.  
Done at Brussels, 17 December 2012.  
For the Council 
The President
 
S. ALETRARISEN L 361/92 Official Journal of the European Union 31.12.2012
IP/N/1/EU/P/8 
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