The German constitutional complaint against ratification of the Unified Patent Court Agreement is on the list of cases to be decided by the Bundesverfassungsgericht, the Federal Constitutional Court of Germany this year. A preview of the cases was published today here (in German). The rapporteur for the case (Az. 2 BvR 739/17) is Professor Dr….

What can people, in particular citizens of Munich and Bavaria, do if they feel that elementary constitutional rights are infringed, not somewhere abroad and far away, but literally next door, at the Isar river banks or in the Pschorrhöfe building? Unfortunately, this is no rhetorical question. If such things happen in the jurisdiction of German…

Here at the Kluwer Patent Blog we are thrilled to have had the opportunity to interview Benjamin May on collecting evidence in patent cases and have him address issues on the power of seize and search orders, the harmonisation efforts of Directive 2004/48/EC and the future of seizures, prior to his presentation at C5’s Pharma…

Despite the uncertainty about what will happen in Germany with the Unified Patent Court Agreement, the UK is heading for ratification of the UPCA and preparations for the court are going on. In the UK, the legislative steps have been completed and it is expected the UK will complete all formalities by depositing its instrument…

Part II (- sorry, this will be a bit longer, but a lot has accumulated recently…) How does the EPO in 2018 fare with regard to the criterion “expert, well supported and motivated staff”? To what extent is it already reality, and to what “vision” in the sense of fancy? In my personal view, it…

Different countries have different constitutional requirements before they can ratify an international agreement like the UPCA. Some, like France, can ratify first, and sort out the legislation required to comply with the Treaty later, whilst other countries like the UK and Germany, do it the other way around, passing relevant legislation first, with formal ratification following…

Part I – Introduction The word “vision” has a couple of fascinatingly different meanings. There is a famous saying by Helmut Schmidt, Germany’s chancellor from 1974-1982, who recommended to anyone proclaiming that he/she had a vision to see a doctor. According to wiktionary, vision may mean: 1. The sense or ability of sight. 2. Something…

In a recent judgment rendered by the Danish Maritime and Commercial Court between Coloplast A/S (Coloplast) and Hollister Incorporated (Hollister), the Court considered whether or not Coloplast was the co-inventor (and co-owner) of a patent application filed by Hollister. In 2011, Hollister filed its European patent application EP 11175010.5 regarding a catheter package and the…

Anyone who ends up litigating in Spain, be it as complainant or as a defendant, should be wary of the rigidity of Spanish patent litigation. Unlike in other jurisdictions, where the parties enjoy leeway to fine-tune their initial positions down the road, according to Spain’s Civil Procedure Act, the initial statements made by the parties…