This paper addresses as EU patent the “European patent with unitary effect”, and concludes that 1) the EU patent applies only to the EU territory; 2) the instruments composing the Patent Package are tied to each other; 3) the UK withdrawal makes the TEU and TFEU and the whole EU secondary law inapplicable to UK; 4) the withdrawal extends to the UPCA; 5) the currently scheduled UPC London section has to be re-located in another EU member state; 6) the UK ratification of the UPCA would infringe a general principle of the Vienna convention on treaties (according to which they have to be performed in good faith); the private law principle on the performance of contracts in good faith, considered as a source of international law under Art. 38 of the International Court of Justice statute; and the principles deriving from those on good faith, which impose protection of co-contracting parties
Brexit and the EU Patent
UBERTAZZI, LUIGI CARLO
2017-01-01
Abstract
This paper addresses as EU patent the “European patent with unitary effect”, and concludes that 1) the EU patent applies only to the EU territory; 2) the instruments composing the Patent Package are tied to each other; 3) the UK withdrawal makes the TEU and TFEU and the whole EU secondary law inapplicable to UK; 4) the withdrawal extends to the UPCA; 5) the currently scheduled UPC London section has to be re-located in another EU member state; 6) the UK ratification of the UPCA would infringe a general principle of the Vienna convention on treaties (according to which they have to be performed in good faith); the private law principle on the performance of contracts in good faith, considered as a source of international law under Art. 38 of the International Court of Justice statute; and the principles deriving from those on good faith, which impose protection of co-contracting partiesI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
