Denmark may have to have a referendum on the European Union’s upcoming single EU patent court, which will enable companies and inventors to take out a single patent rather than patents in several countries.

The Danish People’s Party has made it clear that it will not accept proposals to transfer patent jurisdiction to a single EU court, and the Red Greens have now also said they cannot support the proposal.

Since transferring jurisdiction from the Danish courts to an EU court involves a devolution of sovereignty, a five sixths majority in Parliament is required if the proposal is not to go to referendum.

A 5/6 majority can only be achieved with votes from either of the two parties.

“We say ’no’ to the mandate that the government is seeking. We will not agree to move jurisdiction on patents over to the EU,” says Group Chairman Per Clausen as the party prepares to take part in a Europe Committee meeting at which the government proposal is on the agenda.

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