The paper concludes in particular that 1) the EU patent applies only to the EU territory; 2) the instruments composing the Patent Package are tied to each other; in particular there are at least 12 connection-phases between the UPCA (on the one hand), the decision 167 and regulations 1257 and 1260 (on the other hand), and 5 additional connection-phases may exist; 3) the withdrawal of the UK makes the TEU and TFEU inapplicable to its territory, as well as the whole secondary law deriving from them (including the above-mentioned decision and regulations); 4) the withdrawal is necessarily extended to the UPCA by the rules on tied instruments, in particular by the clause of the Vienna convention on treaties concerning the interpretation and the performance of the international agreements according to the good faith, but also by the general private law principles considered as source of international law under art. 38 of the international Court of justice statute; 5) the withdrawal of the UK (also) from the UPCA implies that the currently scheduled London section of the UPC needs to be re-located in a(nother) EU member state; 6) (according to one author) after the withdrawal declaration, UK could ratify the UPCA only in fraudem legis; I am of the opinion that the UK ratification of the UPCAwould infringe some rules, among which the general principle of the Vienna convention stating that treaties 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; the principles deriving from those on good faith imposing the protection of co-contracting parties in a contract or a treaty; maybe the precautionary principle.

Brexit e brevetto UE

UBERTAZZI, LUIGI CARLO
2016

Abstract

The paper concludes in particular that 1) the EU patent applies only to the EU territory; 2) the instruments composing the Patent Package are tied to each other; in particular there are at least 12 connection-phases between the UPCA (on the one hand), the decision 167 and regulations 1257 and 1260 (on the other hand), and 5 additional connection-phases may exist; 3) the withdrawal of the UK makes the TEU and TFEU inapplicable to its territory, as well as the whole secondary law deriving from them (including the above-mentioned decision and regulations); 4) the withdrawal is necessarily extended to the UPCA by the rules on tied instruments, in particular by the clause of the Vienna convention on treaties concerning the interpretation and the performance of the international agreements according to the good faith, but also by the general private law principles considered as source of international law under art. 38 of the international Court of justice statute; 5) the withdrawal of the UK (also) from the UPCA implies that the currently scheduled London section of the UPC needs to be re-located in a(nother) EU member state; 6) (according to one author) after the withdrawal declaration, UK could ratify the UPCA only in fraudem legis; I am of the opinion that the UK ratification of the UPCAwould infringe some rules, among which the general principle of the Vienna convention stating that treaties 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; the principles deriving from those on good faith imposing the protection of co-contracting parties in a contract or a treaty; maybe the precautionary principle.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11571/1178432
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