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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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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