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 a ‘third country’ in the meaning of 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. Does the Council agree that Germany no longer has the right to ratify the UPCA?
2. Has the future of the UPCA been discussed by the Council? »
Réponse de la Commission du 30 novembre 2020 :
« The withdrawal of the United Kingdom from the Union does not affect the ongoing ratification process of the UPCA in Germany. The UK has ceased to be an EU Member State, and therefore will not participate in the unitary patent system. The UK has withdrawn its ratification of the UPCA.
The future of the UPCA has not been discussed by the Council. »
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A noter : Ce député avait déjà posé une question très similaire à la Commission le 5 mai 2020 (en attente de la réponse). Voir ici pour la fiche veille