Article 84

Signature, ratification and accession

1.   This Agreement shall be open for signature by any Member State on 19 February 2013.
 2.   This Agreement shall be subject to ratification in accordance with the respective constitutional requirements of the Member States. Instruments of ratification shall be deposited with the General Secretariat of the Council of the European Union (hereinafter referred to as ‘the depositary’).

3.   Each Member State having signed this Agreement shall notify the European Commission of its ratification of the Agreement at the time of the deposit of its ratification instrument pursuant to Article 18(3) of Regulation (EU) No 1257/2012.

4.   This Agreement shall be open to accession by any Member State. Instruments of accession shall be deposited with the depositary.

Case Law

IPPT20240819, UPC CoA, Sibio v Abbott
Manifestly erroneous that Ireland is a Contracting Member State of the UPC (Article 84.2 UPCA). Only countries that have not only signed but also ratified the UPCA are Contracting Member States. ‘Contracting Member State’ is defined in the UPCA as a Member State of the European Union party to the Agreement. Art. 84.2 UPCA provides that the Agreement shall be subject to ratification in accordance with the respective constitutional requirements of the Member States. It follows that a Member State who signed can only be regarded as a Contracting Member State after ratification.