Deutsche Bischöfe bleiben beim Nein zu assistiertem Suizid kathpress.at - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from kathpress.at Daily Mail and Mail on Sunday newspapers.
UPC delayed again by constitutional complaints
14-01-2021
05-03-2019
This latest halt to proceedings follows the filing of two constitutional complaints against the ratification of the UPC on December 18 last year, the same day the Bundesrat (German parliament) unanimously approved the bill that paved the way for ratification.
Düsseldorf-based lawyer Ingve Stjerna filed one of the complaints against the proposed law, following the partial success of his first complaint filed in 2017, and the other has been filed by the Foundation for a Free Information Infrastructure.
Stjerna’s first initial complaint disputed the legitimacy of the UPC and succeeded in blocking any further progress on the agreement for three years. In March 2020, the FCC upheld the complaint on the grounds that the adoption of the UPC required a particular majority of the Bundestag.
To print this article, all you need is to be registered or login on Mondaq.com.
Following the
passing in Germany of the Bill for Re-ratification of the
Unified Patent Court Agreement (UPCA) in December 2020, two
constitutional complaints against German ratification were filed at
the German Federal Constitutional Court (FCC).
The FCC has now confirmed to
journalists that the FCC has asked the Federal President
not to sign the bill into law. Signing of the bill is the last step
necessary before UPCA and Protocol on Provisional Application (PPA)
ratifications can be deposited by Germany.
It is unclear at present whether the delay will be short (for
Wednesday, December 23, 2020
On 18
th December 2020, the German Federal Assembly (Bundesrat) approved the law on the Agreement on a Unified Patent Court of 20
th June 2013 (UPC-Agreement) with the required two-thirds majority. It was the last puzzle piece for paving the way for a Unitary Patent System in Europe, which is now expected to be operational from 2022.
The entry into force of the UPC-Agreement was dependent on the ratification by the three Member States with the highest number of European patents, at that time Germany, France and the United Kingdom. France had already deposited its ratification in 2014 and the United Kingdom in 2018, but withdrew it in July 2020 due to Brexit. With its withdrawal from the European Union, the United Kingdom has refrained from participating in the establishment of a Unified Patent System.