The Jurisdiction of the Unified Patent Court: A Model for the Application of the Brussels Ia Regulation to non-EU Disputes?

2021 ◽  
Author(s):  
Alberto Miglio
Keyword(s):  
Unified Patent Court

Preamble

2018 ◽  
Author(s):  
Winfried Tilmann
Keyword(s):  
Vienna Convention ◽  
International Treaty ◽  
Unified Patent Court ◽  
Rules Of Procedure ◽  
The Law

According to the introductory clause to Art 31(2) Vienna Convention on the Law of Treaties (VCLT), the preamble forms part of the international treaty to which it belongs. Pursuant to the specified provision, the interpretation of a treaty is primarily governed by its ‘text, including its preamble and annexes’. Consequently, the Preamble to the Rules of Procedure of the Unified Patent Court Agreement (UPCA), in terms of its interpretation, is at the same level as the text of the Rules of Procedure itself. It forms an integral part of the UPCA Rules of Procedure (UPCARoP) which for such purposes is to be regarded as a treaty within the meaning of the VCLT, but in any event forms part of the UPCA.

What is holding up the Unified Patent Court?

2018 ◽  
Vol 7 (5) ◽  
pp. 187-192
Author(s):  
Liz Cohen ◽  
Alan Johnson
Keyword(s):  
Unified Patent Court
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