ON THE EUROPEAN UNIFIED PATENT COURT
The exit of the United Kingdom from the European Union requires a new Agreement on the Unified Patent Court. This is the conclusion of the analysis made by Professor Giuseppe Sena, in the editorial published Saturday, Feb. 19, by Il Sole 24 Ore.
Milan’s candidacy and Austria’s ratification have refocused attention on this issue. However, an examination of the Unitary Patent Regulations and the Agreement on the TUB, particularly Art. 89, shows that an essential element is the subscription by the three member states that in 2012, the year the text was defined, had registered the largest number of patents in Europe. These three states were assigned the seats of the courts (Paris, London and Munich).
As a result of London’s exit from the EU, a reissue and re-signing of the Agreement is necessary, in accordance with the 1969 Vienna Convention on the Law of Treaties.
It can hardly be assumed that the Committees in charge, Administrative and Preparatory, have the powers to make changes to the Agreement, with reference to substantive amendments.