«RECALLING the obligations of the Contracting Member States
under the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), including the obligation of sincere
cooperation as set out in Article 4 (3) TEU and the obligation to ensure through the Unified
Patent Court the full application of, and respect for, Union law in their respective territories and the judicial protection of an individual's rights
under that law;
First, it suggested that enhanced
cooperation was impermissible in that it constituted a misuse of powers — in effect imposing an opt - out on the non-participating countries — and that an alternative strategy — adopting a special agreement
under the European
Patent Convention — was open to the Member States.