The Brexit vote of June 23rd sent shockwaves throughout both the EU and the UK. Some take the vote as proof of Charles de Gaulle’s age-old observation, that Britain simply does not fit into the EU: “[L’Angleterre] a dans tout son travail des habitudes et des traditions très marquées, très originales. Bref, la nature, la structure qui sont propres à l'Angleterre diffèrent profondément de celle des continentaux.” Others see it as the death knell to the EU and / or the UK as we know them.
Whatever the point of view, one thing is for sure: should Britain overcome its abrupt total loss of political leadership and should someone emerge eventually who is willing to formally notify the European Council of the intention to leave subsequent to Art. 50 (2) TEU, that would be the end of the Unitary Patent Package as originally intended.
The Art. 50 TEU Framework
The procedure under Art. 50 TEU is superficially simple. The intention to exit needs to be formally notified to the European Council, which triggers a two year (extendable) deadline for negotiations over the future relationship between the exiting state and the EU. If no agreement is reached, the exiting state is theoretically kicked out of the EU in an ejector seat, i.e. EU law ceases to apply overnight. But what does that mean?