Political will in Germany for the UPC Agreement to be submitted to a new vote as soon as possible

While the Federal Constitutional Court of 20 March 2020 ruled in Germany that the act of consent to the UPC Agreement is not constitutional and therefore void, a press release of 26 March 2020 from the German Federal Minister of Justice clarified the current political will in Germany.

In a clear statement, the Federal government confirmed that it keeps on upholding the project of a single European patent system with a European patent Court.

The Federal Government is committed in examining the possibilities to remedy the lack of form of the act of consent to the UPC Agreement, as found by the Federal Constitutional Court.

According to the decision of the Federal Constitutional Court, a constitutional majority in the Bundestag would have been required for the vote of act of consent to the UPC Agreement, since it implies a transfer of rights to an international institution and thus leads to a change in constitution.

The Federal Minister of Justice suggested that this should be made during the current legislative period that is due to end in 2021, if possible.

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