Category : Unitary Patent

Again, and again: the UPC agreement is further challenged in Germany

Unified Patent Court (UPC) Unitary Patent - Jan 20,2021 - No Comment

Although the German Parliament (« Bundesrat ») recently voted in favor of the ratification of the Unified Patent Court Agreement (UPCA) (that we reported here), and despite the political will (see there), the German ratification of the UPCA is again put on hold.

The German Federal Constitutional Court (FCC) advised that that two new constitutional complaints were filed on the very same day on which the Bundesrat approved the ratification (18th December 2020).

One of the complaint, filed by Düsseldorf lawyer Ingve Stjerna, who already filed an earlier constitutional complaint in 2017, aims at obtaining an interim order to cease the ratification process until a decision on the merits.

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Further step in ratification of UPC by Germany

Unified Patent Court (UPC) Unitary Patent - Dec 18,2020 - No Comment

As expected, the second chamber of the German Parliament (« Bundesrat ») has just voted today in favor of the ratification of the Unified Patent Court Agreement and of the Protocol to the Agreement on a Unified Patent Court (click here)

The vote was unanimous and the next step is now a formal signature of the Law by the German President.

Before the law is signed, we will monitor whether another appeal is filed before the Federal Constitutional Court, as it is expected from entities opposed to this agreement, in particular in the field of free software.

We will keep you promptly informed of the next developments and more generally in relation to the pending questions of the relocation of the London section of the UPC and the third Member State required to ratify the UPC Agreement in place of the UK.

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New Ratification of The UPCA by The Bundestag – What Is Next ?

Unified Patent Court (UPC) Unitary Patent - Nov 30,2020 - No Comment

The German National Assembly (Bundestag) has now adopted the law for ratifying the Unified Patent Court Agreement (UPCA) with the required majority. As a next step, the Bundesrat, the second chamber, has to approve the law. As the Bundesrat did not have any objections previously, it is likely that the law will pass with the required majority. The next session of the Bundesrat is planned for 18 December 2020, however the schedule of the session is not yet fixed. After the vote of the Bundesrat, the government and the president have formally to sign the law.

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The United Kingdom (UK) has now officially withdrawn from the Unified Patent Court Agreement (UPCA)

Unified Patent Court (UPC) Unitary Patent - Jul 20,2020 - No Comment

The UK has today notified the council secretariat about their withdrawal of their ratification of the UPCA and the Protocol on Privileges and Immunities of the Unified Patent Court. The UK considers that the withdrawal shall take effect immediately.

The UK has already announced earlier this year that they do not longer wish to be a party to the UPCA. However, until now, it was not clear when the UK will proceed with the withdrawal.

The Preparatory Committee of the UPC will now discuss the consequences of the UK withdrawal and will see how to move forward. It will then publish a further announcement.

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German Federal Constitutional Court upholds the constitutional complaint regarding the UPC for lack of qualified majority vote: is there still a chance for the UPC?

Unified Patent Court (UPC) Unitary Patent - Mar 20,2020 - No Comment

In its order released on 20 March 2020, the Federal Constitutional Court (FCC) holds the act of approval to the Agreement on a Unified Patent Court (“UPC”) void due in particular to the lack of a qualified majority vote. While this decision delays the ratification of the UPC Agreement by Germany even further, the future of the UPC seems more than ever uncertain. However, in upholding the constitutional complaint on this ground, a future ratification of the UPC Agreement by Germany still remains possible.

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