On Tuesday, the European Parliament published a Brexit study requested by its Committee on Legal Affairs (JURE). I line with what appears to be the predominant view, the study indicates that British UPC participation post-Brexit is both desirable and legally feasible. The study notes that the UPC Agreement is an international agreement thus a treaty, and that the European Court of Justice’s jurisprudence (Opinion 1/09) is not excluding participation of a third state.
Check the study here.
Read more about the Unitary Patent System here.