An early day motion (EDM) will today be put down by Ukip MP Douglas Carswell objecting to the Unitary Patent Court Agreement (UPCA).
The deal, which ministers have tried to avoid having a vote on, means that Britain will still be subject to the European Court of Justice (ECJ) after Brexit and mean we are still tied in with single market rules despite promises by Theresa May that we will completely leave.
Ministers have tried to put through a treaty which will keep Britain tied to the EU after Brexit
Douglas Carswell will put down an early day motion objecting the Unitary Patent Court Agreement
Ministers have claimed the UPC is separate to the EU but only EU members can sign it and the European Court of Justice is the final court of appeal.
It also means that the standards for products and inventions are set in Europe not Britain.
A video clip of a briefing about the UPCA shows that one of its key supporters of the UPC, lawyer Kevin Mooney, saying he hopes the Daily Express does not find out about the treaty.
Lawyer Kevin Mooney said he hopes the Daily Express does not find out about the treaty
The Government have put it down “under the radar” as a “negative statutory instrument” which means it will automatically go through unless an MP formally objects.
Allowing the EU to decide these matters for us will make it much harder for the UK
Ukip MP Douglas Carswell
Mr Carswell will today register his objection in a bid to make sure to stop secret deals do not undermine the historic Brexit vote last year.
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He said: “Leaving the EU should mean leaving the jurisdiction of the European courts, but if this proposal is allowed to pass, and we sign up to the Unified Patent Court Agreement, then we will still find ourselves subject to judges at the European Court of Justice in Luxembourg when it comes to intellectual property.
“We would be required to accept the supremacy of EU law in its entirety with regard to any disputes within the jurisdiction of the UPC, including competition law, fundamental rights arising under the Charter, as well as any specific patent rules contained within EU Directives.”
He went on: “How countries protect intellectual property is also often a key issue when negotiating trade deals, so allowing the EU to decide these matters for us will make it much harder for the UK to negotiate the free trade deals we need with big dynamic economies outside Europe.
“No wonder the Europhiles wanted to pass this into law under the radar, without proper debate. It has the potential to drive a huge stake into the heart of Brexit.”
Mr Carswell will register his objection to try to stop secret deals do not undermine the Brexit vote
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Continued cooperation with the EU to tackle terrorism and international crime.
A UK Government spokesman claimed that the agreement will make it easier for British businesses to protect their ideas and inventions from being illegally copied by companies in other countries.
He said: "Under this new regime, businesses will be able to protect and enforce their patent rights across Europe in a more streamlined way — with a single patent and through a single patent court.
"The ratification of the UPC Agreement should not be seen as pre-empting the UK's objectives in the forthcoming negotiations with the EU and is without prejudice to the UK's future position on the Court of Justice of the European Union."