Brussels, 29 october 2021 — The Council of the European Union has declared ‘into force’ the Unitary Patent’s PPI agreement on the 27th October 2021, while the UK is still mentioned in its Art18(1) as a requirement for it to enter into force. The Council of the EU is bruteforcing international law and the Vienna Convention on the Law of the Treaties (VCLT), which says that “treaties shall be interpreted in good faith in accordance with the ordinary meaning”.
The Article 18(1) on the Entry into force is pretty clear:
“This Protocol shall enter into force 30 days after the date on which the last of the four State Parties – France, Germany, Luxemburg and the United Kingdom – has deposited its instrument of ratification, acceptance approval or accession.”
— Protocol on Privileges and Immunities of the Unified Patent Court – Article 18(1) https://www.unified-patent-court.org/sites/default/files/ppi_final_ii_en_clean.pdf
Proponents of the Unitary Patent project want software patents enforcable accross Europe via the jurisprudence of such a Court, without the intervention of the European Court of Justice in patent law. They want to avoid a renegotiation of the UPC treaties (UPCA, PPI, PPA) at any cost, because it would create some delay.
Benjamin Henrion, President of FFII, says: “This is a gross maladministration by the Council of the European Union, who is responsible for checking the rules, and the Vienna Convention on the Law of the Treaties (VCLT). Treaties are not worth the paper they are written on. We will look at seizing the Ombudsman.”