All Union law arguments against the Unitary Patent system, that are now on the table again because of the German constitutional complaint, have already been rejected in the recent past. Wouter Pors, partner of Bird & Bird, has said this in an interview with Kluwer IP Law. Pors hopes the Federal Constitutional Court (FCC) will…

When will the Unified Patent Court open its doors and the Unitary Patent (UP) become available? The German constitutional complaint against ratification of the Unified Patent Court Agreement (UPCA) has dashed expectations that the UP system could launch at the end of this year. Considerable delays and even the end of the system in its…

European states lack awareness of their obligations under the European Convention on Human Rights (ECHR) and the EU Charter of Fundamental Rights and have established associations such as the EPO and the UPC, without anyone accounting for guarantees with regard to democracy, the rule of law and human rights. Professor Siegfried Broß said this in…

Although the Irish government scheduled a series of referendums for 2018 and 2019 last month, the referendum on Irish participation in the Unitary Patent system was not one of them. This was confirmed by the Department of Business, Enterprise and Innovation in Ireland. The press office of the ministry stated: ‘The Government deferred making a…

In the US, the potential for forum shopping in patent litigation has recently been reduced by the TC Heartland ruling of the Supreme Court. But what can be expected at the Unified Patent Court, with its central, regional and local divisions? Amandine Léonard, PhD researcher at the KU Leuven Centre for IT & IP Law, thinks the…

The Preparatory Committee of the Unified Patent Court has been making ‘good progress’ regarding the ratification of the UPCA. In an update posted on its website today, the Preparatory Committee announces: ‘We now have 14 full ratifications and more in the pipeline, making it reasonable to expect that we will begin operations with closer to…

In the first period of functioning of the Unified Patent Court, the judge-rapporteur – who has important powers in the new system – should as much as possible revert issues to the panel of judges as a whole. This is beneficial for the system and can prevent forum shopping, according to the Belgian judge Sam…

In its research concerning the complaint that was filed against ratification of the Unified Patent Court Agreement, the German Federal Constitutional Court (FCC) gave a series of mainly German institutions and associations the opportunity to submit their views. A spokesman of the Court, the Bundesverfassungsgericht, declared in answer to questions of Kluwer IP Law that a…

The Federal Constitutional Court in Germany has started investigating the constitutional complaint that was filed earlier this year against the German ratification of the Unified Patent Court Agreement. As German attorney at law Dr. Ingve Björn Stjerna reported last week, the Court ‘most recently sent the constitutional complaint (earlier reported on by Kluwer IP Law…