Abstract: According to the introductory clause to Art 31(2) Vienna Convention on the Law of Treaties (VCLT), the preamble forms part of the international treaty to which it belongs. Pursuant to the specified provision, the interpretation of a treaty is primarily governed by its ‘text, including its preamble and annexes’. Consequently, the Preamble to the Rules of Procedure of the Unified Patent Court Agreement (UPCA), in terms of its interpretation, is at the same level as the text of the Rules of Procedure itself. It forms an integral part of the UPCA Rules of Procedure (UPCARoP) which for such purposes is to be regarded as a treaty within the meaning of the VCLT, but in any event forms part of the UPCA.
Publication Year: 2018
Publication Date: 2018-07-20
Language: en
Type: book-chapter
Indexed In: ['crossref']
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