On the Unified Patent Court and Its Legal Framework, or, Please, Watch the A, B, Cies. Part I, Part II, Part III and Part IV

Abstract

The recent years in the European Union are characterised by various initiatives on internationalisation of the State's powers of the EU Member States. This internationalisation can have different scenarios. The scenario that dominates currently pending legislation initiatives implements an autonomous governance for a part of the State's powers. The term OffState indicates that this autonomous governance does not rely on legislative, administrative and judicial institutions of the Member States. Instead, autonomous and, in fact, pseudo-legislative, -administrative and -judicial bodies are set up to govern the economic activities in the EU Member States. The Unified Patent Court and the European Patent with unitary effect are example of the governance. This work studies the legal framework establishing those institutions in the context of the rule of law, the fundamental constitutional principles and the sovereignty of the EU Member States. Four works, Part I, Part II, Part III and Part IV, provide a comprehensive overview of the European Patent System, which includes the European Patent Organisation, the European Patent Office, a European patent, a European patent with unitary effect and the Unified Patent Court Agreement. (Further editions of these works will be issued in due time).