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UPC – reply to Max Planck impact study of Brexit on the Unitary Patent Protection and its Court

08 Oct 2018

Reply to the studies on “The Impact of Brexit on Unitary Patent Protection and its Court” by Hans Ullrich and Matthias Lamping

An anonymous writer, writing under the pseudonym Atticus Finchhas delivered a detailed reply to the study of Messrs. Matthias Lamping and Hans Ullrich, research fellows of the Max Planck Institute, “The Impact of Brexit on Unitary Protection and Its Court” written on 30 August 2018 and posted on 10 September 2018 which concludes that, after the Brexit, an extension of unitary protection to the UK and the UK’s continued participation in the UPC’s judicial system would create serious legal problems.

The reply starts out by stating:

“Despite its length and wealth of arguments the studies overlook some important precedents in EU law and policy which results in parts of the studies being based on wrong assumptions. The arguments against an extension of the Unitary Patent to the United Kingdom for instance ignore that the extension of EU instruments to third countries is something quite frequent and that the problems the authors see with such an extension can easily be solved as other examples of extensions of EU instruments to third countries show. ”

The full Atticus Finch reply can be read here.

The Lamping-Ullrich paper can be read here.