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UPC scenarios: optimists look to summer 2022
28-01-2021
31-07-2018
While it is true that the Unified Patent Court’s latest hurdle could delay the project for years, ratification is more likely, argues Wouter Pors of Bird & Bird.
On December 18, 2020, the German Federal Council (
Bundesrat) unanimously approved the ratification of the Unified Patent Court (UPC) Agreement (UPCA), which concluded the parliamentary ratification process for the second time.
Shortly afterwards, two complaints were filed in the Federal Constitutional Court (
Bundesverfassungsgericht), one by Düsseldorf lawyer Ingve Björn Stjerna and one by Munich-based non-profit Foundation for a Free Information Infrastructure (FFII). Stjerna had filed the complaint against the first attempt to ratify the UPCA in 2017, which led to a judgment on February 13, 2020. The court held that the necessary quorum was not present in parliament when the law was approved. That error has now been repaired.
New UPC complaints filed in Germany
Germany’s top constitutional court confirms it has received two complaints regarding the UPC Agreement December 22 2020
Germany’s Federal Constitutional Court has confirmed it has received two complaints against the country’s Unified Patent Court legislation.
In a statement sent to Managing IP, the court confirmed: “Regarding the Act on the Agreement of February 13 2013 on a Unified Patent Court, two constitutional complaints have been filed and are pending.”
However, the statement added that a decision date was not known. Neither the identity of the plaintiffs nor the grounds of the complaints are currently available.