S T A T U T O R Y  I N S T R U M E N T S  
2018 No. 184 
INTERNATIONAL IMMUNITIES AND PRIVILEGES 
The Unified Patent Court (Immunities and Privileges ) Order 
2018 
Made  - - - - 8th February 2018  
Coming into force in accordance with article 1(1) 
 
At the Court at Buckingham Palace, the 8th day of F ebruary 2018 
Present, 
The Queen’s Most Excellent Majesty in Council 
This Order is made in exercise of the powers confer red by sections 1 and 5 of the International 
Organisations Act 1968 (“the Act”)( a). 
A draft of this Order has been approved by resoluti on of each House of Parliament pursuant to 
section 10(1) of the Act( b). 
Accordingly, Her Majesty is pleased, by and with th e advice of Her Privy Council, to order as 
follows— 
PART 1 
General 
Citation, commencement, extent and application 
1. —(1) This Order may be cited as the Unified Patent Court (Immunities and Privileges) Order 
2018 and comes into force on the date on which the Protocol enters into force in accordance with 
Article 18 of the Protocol( c). 
(2)  The Order extends to the whole of the United Kingdo m subject to paragraph (3). 
                                                                                                                                            
(a) 1968 c.48. Section 1 was amended by section 1 of the International Organisations Act 1981 (c.9) and article 2 of the Civil 
Partnership Act 2004 (International Immunities and Privileges, Companies and Adoption) Order 2005 (S.I . 2005/3542). 
(b) The function of approving a draft of an Order in Council under section 10 of the Act has been transf erred from both Houses 
of Parliament to the Scottish Parliament under sect ion 118 of the Scotland Act 1998 (c.46) (as amended  by section 12 of the 
Scotland Act 2012 (c.11)) in so far as the function  is exercisable within devolved competence. 
(c) The date on which the Protocol enters into force in the United Kingdom will be published on the rele vant page on UK 
Treaties Online which can be found at this link: ht tps://www.gov.uk/uk-treaties.  2(3)  Article 9 extends to England and Wales and Northern  Ireland only( a). 
(4)  In Scotland— 
(a)  articles 5, 6, 7, 11, 16, 17 and 18 do not apply in  so far as they would, if included in an 
Act of the Scottish Parliament, be within the legis lative competence of that Parliament; 
(b)  article 8 does not apply to devolved taxes or local  taxes to fund local authority 
expenditure (within the meaning of the exceptions t o Section A1 (fiscal, economic and 
monetary policy) of Part 2 of Schedule 5 to the Sco tland Act 1998( b). 
Interpretation 
2.  In this Order— 
“the Agreement” means the Agreement on a Unified Pa tent Court done in Brussels on 19th 
February 2013( c); 
“Committee” means any of the Administrative Committ ee, the Budget Committee and the 
Advisory Committee established under Article 11 of the Agreement; 
“the Court” means the Unified Patent Court establis hed under Article 1 of the Agreement; 
“Deputy-Registrar” means the Deputy-Registrar appoi nted under Article 25 of the Statute; 
“Judge” means a Judge of the Court; 
“official activities” in relation to the Court mean s the activities that are necessary for the 
purposes and functions conferred upon it by the Agr eement and the Statute; 
“premises of the Court” means land and buildings ma de available to the Court by a State party 
to the Agreement in accordance with Article 37 of t he Agreement and used for the official 
activities of the Court; 
“the Presidium” means the Presidium referred to in Article 15 of the Statute; 
“the Protocol” means the Protocol on Privileges and  Immunities of the Unified Patent Court 
done in Brussels on 29th June 2016( d); 
“Registrar” means the Registrar appointed under Art icle 22 of the Statute; 
“Staff” means all personnel employed by the Court a s officials and other servants of the Court 
except the Judges, Registrar and Deputy-Registrar; 
“State Party” means a State party to the Protocol; and 
“the Statute” means the Statute of the Court as set  out in Annex I of the Agreement. 
PART 2 
The Court 
3.  The Court is an organisation of which the United K ingdom and other sovereign Powers are 
members. 
4.  The Court has the legal capacities of a body corpo rate. 
                                                                                                                                            
(a) The setting of non-domestic rates is within the l egislative competence of the Scottish Parliament by  exemption to Section 
A1 of Schedule 5 of the Scotland Act 1998 c.46.  Se ction A1 was amended by section 23(5) of the Scotla nd Act 2012 
(c.11).  
(b) 1998 c.46. Section A1 was amended by section 23(5 ) of the Scotland Act 2012 (c.11). 
(c) Cm 8653.  
(d) Cm 9405.  3PART 3 
Immunities, privileges, reliefs and exemptions of t he Court 
5. —(1) Subject to paragraph (2), the Court has immuni ty from suit and legal process except to 
the extent that it expressly waives such immunity. 
(2)  The immunity of the Court under paragraph (1) does not apply in respect of— 
(a)  any civil action brought against it— 
(i)  with respect to contractual liability brought by pe rsons other than the Judges, 
Registrar, Deputy-Registrar or the Staff of the Cou rt; 
(ii)  with respect to non-contractual liability except wh ere the claim is based on the 
performance of the Court’s jurisprudence; and 
(iii)  by a third party for damages resulting from an acci dent caused by a motor vehicle 
belonging to, or operated on behalf of, the Court; or 
(b)  a motor traffic offence involving such a vehicle. 
6.  The official archives of the Court have the like i nviolability as is accorded in respect of the 
official archives of a diplomatic mission in accord ance with the 1961 Convention Articles. 
7. —(1) Subject to paragraph (2), the premises of the Court have the like inviolability as is 
accorded in respect of the premises of a diplomatic  mission in accordance with the 1961 
Convention Articles. 
(2)  The inviolability of the premises of the Court does  not apply to the extent that the Secretary 
of State is responsible for premises which have bee n made available to the Court by the Secretary 
of State. 
8.  Within the scope of its official activities, the C ourt is exempt from all direct taxation and 
enjoys the exemptions and reliefs set out in articl es 9 to 14.   
9.  The Court has the like relief from non-domestic ra tes on the premises of the Court as, in 
accordance with Article 23 of the 1961 Convention A rticles, is accorded in respect of the premises 
of a diplomatic mission. 
10.  The Court is exempt from duties (whether of custom s or excise) and taxes on the importation 
of goods imported by or on behalf of the Court for its official use in the United Kingdom. 
11.  The Court is exempt from prohibitions and restrict ions on importation or exportation in the 
case of goods imported or exported by the Court for  its official use. 
12.  The Court has relief, under arrangements made by t he Commissioners for Her Majesty’s 
Revenue and Customs, by way of refund of duty (whet her of customs or excise) paid on imported 
hydrocarbon oil (within the meaning of the Hydrocar bon Oil Duties Act 1979( a)) or value added 
tax paid on the importation of such oil which is bo ught in the United Kingdom and is used for its 
official purposes. 
13.  The Court has relief under arrangements made by th e Secretary of State, by way of refund of 
car tax paid on any vehicle used for its official p urposes and value added tax paid on the supply of 
any goods or services which are supplied for its of ficial purposes. 
14.  The Court has relief by way of refund of insurance  premium tax paid by the Court in 
exercise of its official activities. 
15.  The exemptions and relief granted in articles 10, 12 and 13 are to be subject to compliance 
with such conditions as the Commissioners for Her M ajesty’s Revenue and Customs may 
prescribe for the protection of the Revenue. 
                                                                                                                                            
(a) 1979 c.5.  4PART 4 
Representatives 
16. —(1) Except in so far as in any particular case any  immunity is waived by the Presidium of 
the Court, representatives of a State Party shall e njoy immunity from suit and legal process in 
respect of all acts performed by them while attendi ng a meeting of a Committee in their official 
capacity. 
(2)  This article does not apply to a person who is a Br itish citizen, British overseas territories 
citizen, British Overseas citizen, British National  (Overseas) or any person who at the time of 
taking up their functions with the Court is a perma nent resident of the United Kingdom. 
PART 5 
Judges, Registrar and Deputy-Registrar 
17. —(1) Except in so far as in any particular case any  privilege or immunity is waived by the 
Presidium of the Court, the Judges, Registrar and D eputy-Registrar of the Court have the 
privileges and immunities in this article. 
(2)  They have immunity from suit and legal process. 
(3)  They are exempt from national taxes in respect of s alaries, wages and emoluments paid to 
them by the Court (other than pensions and annuitie s) from the date on which the internal tax for 
the benefit of the Court on salaries, wages and emo luments is applied to them. 
(4)  They are exempt from duties (whether of customs or excise) and taxes on the importation of 
furniture and effects and the right to re-export fr ee of duty on termination of their duties. 
(5)  They are exempt from duties (whether of customs or excise) and taxes on— 
(a)  the importation of a motor car for personal use, ac quired either in the country of their last 
residence or in the country of which they are natio nals; and 
(b)  the exportation of that motor car on termination of  their duties, 
subject to compliance with such conditions as the C ommissioners for Her Majesty’s Revenue and 
Customs may prescribe for the protection of the Rev enue. 
(6)  From the date on which they are subject to a social  security and health scheme established by 
the Court, with respect to services rendered for th e Court, they are deemed to be excepted from 
any class of employment in respect of which contrib utions under enactments relating to social 
security (including enactments in force in Northern  Ireland) are payable. 
(7)  In the event of the death of a Judge, Registrar or Deputy-Registrar, where their presence in 
the United Kingdom at that time is solely due to th eir capacity as a Judge, Registrar or Deputy-
Registrar, they are exempt from estate duty leviabl e on death under the law of any part of the 
United Kingdom in respect of moveable property whic h is in the United Kingdom immediately 
before their death. 
PART 6 
The Staff 
18. —(1) Except in so far as in any particular case any  privilege or immunity is waived by the 
Presidium of the Court, the Staff of the Court have  the privileges and immunities set out in this 
article. 
(2)  They have immunity from suit and legal process in r espect of things done or omitted to be 
done in the course of the performance of official d uties.  5(3)  They are exempt from national taxes in respect of s alaries, wages and emoluments paid to 
them by the Court (other than pensions and annuitie s) from the date on which the internal tax for 
the benefit of the Court on salaries, wages and emo luments is applied to them. 
(4)  From the date on which they are subject to a social  security and health scheme established by 
the Court, with respect to services rendered for th e Court, they are deemed to be excepted from 
any class of employment in respect of which contrib utions under enactments relating to social 
security (including enactments in force in Northern  Ireland) are payable. 
(5)  Paragraphs (3) and (4) do not apply to a person who  is a British citizen, British overseas 
territories citizen, British Overseas citizen, Brit ish National (Overseas) or any person who at the 
time of taking up their functions with the Court is  a permanent resident of the United Kingdom. 
 
 Richard Tilbrook 
 Clerk of the Privy Council 
 
EXPLANATORY NOTE 
(This note is not part of the Order) 
This Order confers legal capacity and grants immuni ties and privileges on the Unified Patent 
Court and its representatives, Judges, Registrar, D eputy-Registrar and Staff. 
  
  
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UK201802091008   02/2018   19585 
http://www.legislation.gov.uk/id/uksi/2018/184