Posted: July 9th, 2021
Germany, Federal Constitutional Court (FCC), Order of 23 June 2021, published on 9 July 2021, case nos. 2 BvR 2216/20 and 2 BvR 2217/20 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The FCC rejected the two applications for preliminary injunction directed against the Act of Approval adopted on 18 December 2020 for ratifying the UPC […]
READ MOREPosted: June 1st, 2021
EPLAW has written to the UPC Preparatory Committee noting that while the benefits of remote hearings have been much appreciated in national proceedings during the current health crisis, in more normal times fully remote trials should not become a new normal and certainly should not be imposed upon parties’ against their express wish. The Committee […]
READ MOREPosted: July 21st, 2020
The ministerial draft bill ratifying the Unified Patent Court Agreement (UPCA) – is the UPCA ready to enter into force? By Tilman Müller-Stoy and Rudolf Teschemacher, Bardehle Pagenberg The history of the Unitary Patent and the Unified Patent Court project has been full of surprises with it taking a new course in February 2020 on […]
READ MOREPosted: March 27th, 2020
A press relaease issued yesterday by Christine Lambrecht, the German minister of Justice and Consumer Protection states: “I will continue to work to ensure that we can provide the European innovative industry with a single European patent with a European patent court. The Federal Government will carefully evaluate the decision of the Federal Constitutional Court […]
READ MOREPosted: 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 […]
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