（第１１３回）The Unified Patent Court ; Santarelli Group, European Patent Attorney, Alexander Madgwick

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Alexanderさんによる追加のコメントです。 “The UPC has now publish its roadmap for the start of the UPC. Germany will ratify the UPC agreement in mid-December and the UPC will open its doors on 1 April 2023. Further information can be found here: www.unified-patent-court.org/sites/default/files/upc__-exco-__upc_external_roadmap-v0.9_edit.pdf This comes (of course) with the caveat that it might be subject to change. However if all proceeded as planned, we are all looking forward to 1 April 2023”

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最後のKan Hasegawaさんからの質問に対するAlexanderさんの回答です。 “Assuming that by “the sole proprietor is from Germany” you mean that at the time of filing the applicant had his residence or principal place of business in Germany then, yes, according to Article 7(1)(a), the UP as an object of property shall be treated as a German national patent. This is unlikely to change given that a patent as an item of property impinges on the rights of not just the proprietor but also the public at large (the social contract). The second part of your question appears to relate to the rights between a licensor and a licensee. Of course such parties are free to choose the law under which they operate (in this case you suggest French). However this does not change the fact that the patent is treated as an object of property as a German national patent. A contract under one choice of law can have as its object an item governed by a different law (for example a contract of charter for a ship registered in a different jurisdiction). I hope this answers your question.”