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

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 parties
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11571/1177988
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