[REPONSE] Parlement européen, Question E-002729/2020 avec demande de réponse écrite à la Commission de Patrick Breyer du 5 mai 2020 – Le futur de la juridiction unifiée du brevet

Niveau juridique : Union européenne

Texte de la question :

« The Agreement on the Unified Patent Court (UPCA) has been ratified by 15 Member States and the United Kingdom, but will not come into force until it has been ratified by Germany. According to EU case law (Court of Justice of the European Union Case 22/70), Member States must not enter into agreements with third countries that affect EU rules or alter their scope. The UK is now considered a ‘third country’ under Article 216 of the Treaty on the Functioning of the European Union. While the EU may jointly assume obligations with the UK with respect to patent litigation, Member States no longer have a right to do so.

1. Can the Commission confirm that Germany no longer has the right to ratify the UPCA?

2. Is the Commission going to advise the German Government not to ratify the UPCA as it stands?

3. If Germany ratified the UPCA in its existing form, would the Commission launch an infringement procedure against it? »

Réponse donnée par Mr Bretonon au nom de la Commission européenne le 15 juillet 2020

« The unitary patent will be an effective tool for businesses to protect their inventions on the European market at a competitive price, and the Unified Patent Court will offer the possibility for these businesses to enforce their patents at a European Union level, thereby enhancing legal certainty and reducing costs. It will further boost innovation in Europe, which will be key for the economic recovery following the COVID pandemic.

The Commission is of the view that the withdrawal of the United Kingdom from the European Union does not affect the ratification process of the Unified Patent Court Agreement in Germany. The United Kingdom signed and ratified the United Patent Court Agreement when it was still an EU Member State and in its capacity of Member State. The United Kingdom has ceased to be an EU Member State and, therefore, will not participate in the unitary patent system after the end of the transition period, given that participation in that system, including the Unified Patent Court Agreement, is only open to EU Member States.

The Commission would welcome a swift ratification of the Unified Patent Court Agreement by Germany. »

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EDIT du 28 juin 2020 : Ce député a posé une question similaire au Conseil le 8 juin 2020, voir ici pour la fiche veille.