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> the EU is not signatory of the Agreement, so you cannot seize the European Court of Justice, nor complain to the European Parliament

The European Parliament approved the unitary patent rules:

https://www.europarl.europa.eu/news/en/press-room/20121210IP...

The council agreed on the Unified Patent Court:

https://www.unified-patent-court.org/sites/default/files/upc...

Which states: “Article 21 Requests for preliminary rulings As a court common to the Contracting Member States and as part of their judicial system, the Court shall cooperate with the Court of Justice of the European Union to ensure the correct application and uniform interpretation of Union law, as any national court, in accordance with Article 267 TFEU in particular. Decisions of the Court of Justice of the European Union shall be binding on the Court.”



The 'common court' is being disputed by academics, as the jurisprudence of the CJEU on what is a 'common court' does not fly with removing national courts from interpreting EU law (art 4.3TFEU, art19.1TFEU and art267TFEU):

https://ffii.org/unified-patent-court-wont-survive-a-legal-c...

Countries basically misread the opinion 1/09 of the CJEU, with a similar design (national courts being removed) that was rejected in 2011.

Now the question is how to get this question to the CJEU ASAP.

The German Const Court did not want to escalate the question, this was seen as a political decision by the complainant Dr Stjerna.

Guess which country will profit the most from the reform, and which country controls the new Court?




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