Even though the United Kingdom is expressly mentioned in the Protocol for Provisional Application (PPA) of the Unified Patent Court Agreement as one of the states that has to give its support to the PPA, this is not seen as a stumbling block for the entry into force of the Protocol by the member states…

The Odyssey, which became synonymous for an eventful journey, originally refers to the perilous return of Odysseus to his homeland of Ithaca after the Trojan War. After the year 2020, marked by the COVID-19 pandemic, 2021 also announces numerous challenges for the world, and patentees will undoubtedly have their lot. Without trying to take the…

In a position paper published on 23 December 2020, the IP Federation in the UK has expressed concern about the uncertainties surrounding the Unified Patent Court. According to Scott Roberts, president of the IP Federation, the value of the project has diminished considerably for its members. Kluwer IP Law interviewed Roberts. The position paper states “Whilst it…

The UK has notified the secretariat of the European Council it withdraws its ratification of the Unified Patent Court Agreement. This has just been announced by the UPC Preparatory Committee. Apart from depositing the withdrawal notification, there has been a parliamentary written statement in the House of Commons by Amanda Solloway (Parliamentary Under Secretary of State, Minister…

Full support for the Unified Patent Court Agreement, complete rejection, long lists with points of concern. The German government has published the reactions to its consultation on the new draft ratification bill for the UPCA. A new ratification process was started last March, after the German Federal Constitutional Court (BVerfG) declared void the process of…

The European Commission would welcome a swift ratification of the Unified Patent Court Agreement by Germany. Commissioner Thierry Breton for the Internal Market has written this in answer to questions of MEP Patrick Breyer. Breyer, member of the European Parliament for the German Pirate Party, asked the European Commission on 5 May 2020 to confirm…

The German government has been acting fast since the Federal Constitutional Court declared void the German ratification of the Unified Patent Court Agreement in March. It submitted a new draft bill to ratify the UPCA last week, which was sent for consultation to associations and other institutions. Their deadline for filing opinions is three weeks….

The March ruling of the Federal Constitutional Court (FCC) in Germany that the German ratification of the Unified Patent Court Agreement (UPCA) was void because it didn’t get the required two-thirds majority, increased the uncertainty about the viability of the project. But the debate is far from over. Patrick Breyer, member of the European Parliament…

by Dr. Simon Klopschinski On February 13, 2020 the German Federal Constitutional Court decided that the German law ratifying the Agreement on a Unified Patent Court is void (see here). In the meantime the Constitutional Court has issued another sentence which deals with the European Central Bank’s bond-buying programme (see here). On May 13, 2020…