DE / UPC – Will Germany ratify the Unified Patent Court system soon?

Posted: 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 account of the two hitherto existing obstacles to the successful conclusion of the project: the participation of the United Kingdom following Brexit and the ratification process in Germany being halted pending constitutional complaints against the law ratifying the Agreement on a Unified Patent Court (UPCA).

The entire report can be read here.

Watch Tilman Müller-Stoy talking about his view on the ministerial draft bill ratifying the Unified Patent Court Agreement (UPCA) in this short video:



One Response

  1. Attentive Observer says:

    There are a plurality of questions which need an answer before German should ratify again.

    Is a Note Verbale enough to withdraw from the UPCA?
    The UK has neither withdrawn from the Protocol of Provisional Application nor from the Protocol of Privileges and Immunity, which both mention the ratification of the UK as being necessary for the entry in force.

    Simply saying that the duties of the London Section of the Central Division will be taken over by Paris or Munich appears wishful thinking when London is mentioned expressis verbis in Art 7(2) UPCA.

    The other constitutional problems, cf. Point 106, absolute primacy of EU lae, of the decision setting aside the ratification, are not addressed in the new draft bill of ratification.

    A German ratification in the present situation would merely increase the mess created by the Brexit.

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