EPLAW PATENT BLOG

UPC- Comment Dr Teschemacher – German Law on the Unified Patent Court Agreement null and void on the grounds of a legislative defect

Posted: March 20th, 2020

German Law on the Unified Patent Court Agreement null and void on the grounds of a legislative defect, Germany, Constitutional Court (BVerfG), decision of February 13, 2020, published March 20, 2020, case no. 2 BvR 739/17 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The BVerfG declared the German Law on the Unified Patent Court Agreement […]

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UPC – Comment : German Federal Constitutional Court (BVerfG) declares German law to ratify the UPCA void

Posted: March 20th, 2020

German Federal Constitutional Court (BVerfG) declares German law to ratify the UPC-Agreement void, by Philipp Rastemborski, Meissner Bolte Partnerschaft mbB A. FEDERAL CONSTITUTIONAL COURT Today, the Federal Constitutional Court (docket no. 2 BvR 739/17), declared the German law on approval of the agreement on the establishment of a Unified Patent Court (“UPC Agreement”) to be […]

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UPC – German Constitutional Court (BVerfG): UPCA Act of Approval void

Posted: March 20th, 2020

Press release from the Bundesverfassungsgericht: “The Act of Approval to the Agreement on a Unified Patent Court (“the Act of Approval”) to confer sovereign powers on the Unified Patent Court is void. In its outcome, it amends the Constitution in substantive terms, though it has not been approved by the Bundestag with the required two-thirds […]

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EU – EP Paper: CJEU case law does not expressly exclude the possibility to allow a non -EU Member State to form part of the UPCA

Posted: November 8th, 2019

EU Patent and Brexit, In-Depth Analysis, Requested by the JURI committee, November 2019 A paper requested by the European Parliament’s Committee on Legal Affairs and commissioned, overseen and published by the Policy Department for Citizens’ Rights and Constitutional Affairs, concludes amongst other things that CJEU case law does not expressly exclude the possibility to allow […]

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UPC – Ratification of the UPC Agreement by Germany: Waiting for Godot?

Posted: September 12th, 2019

Ratification of the UPC Agreement by Germany: Waiting for Godot? By Dr. Tobias Wuttke and Carolin Stenz, Meissner Bolte With its response dated 31 July 2019 to the brief parliamentary enquiry (in the following “Brief Inquiry”) of the German Parliament’s Liberal Party (“FDP”), the German Federal Government has fuelled new speculation of potential delays of the […]

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UPC – Germany: No ratification of UPCA until consequences Brexit are known

Posted: August 19th, 2019

From the response of the German Federal Government to questions asked earlier by Parliament, it can be derived that Germany does not intend to ratify the UPC Agreement, until the consequences of Brexit are known. Response of the Federal Government (unofficial translation) The issue of the United Kingdom leaving the European Union (so-called Brexit) and […]

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UPC – reply to Max Planck impact study of Brexit on the Unitary Patent Protection and its Court

Posted: October 8th, 2018

Reply to the studies on “The Impact of Brexit on Unitary Patent Protection and its Court” by Hans Ullrich and Matthias Lamping An anonymous writer, writing under the pseudonym Atticus Finch, has delivered a detailed reply to the study of Messrs. Matthias Lamping and Hans Ullrich, research fellows of the Max Planck Institute, “The Impact of Brexit […]

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New book – Unified Patent Protection in Europe – A Commentary / Winfried Tilmann and Clemens Plassmann

Posted: August 21st, 2018

Appearance of the book “Unified Patent Protection in Europe – A Commentary” edited by Winfried Tilmann and Clemens Plassmann Oxford University Press, Oxford, July 2018, 3040 pages, 246×171 mm, 335 €, ISBN 9780198755463, www.oup.com/uk/law It is a privilege to be the first to read a new Bible! That word is no exaggeration, because this commentary […]

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UPC – Hungarian Constutional Court rules that UPC Agreement cannot be ratified

Posted: June 29th, 2018

Hungarian Constutional Court rules that UPCA cannot be ratified On 29th June, 2018 the decision of the Hungarian Constitutional Court was published on the Court’s website following the Hungarian Government’s motion for the interpretation of the Hungarian Constitution (Basic Act) in relation to the ratification of the UPC Agreement. Today the Constitutional Court ruled that […]

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