After BREXIT, ratification and then withdrawal by the UK, a referral to the German Constitutional Court (“Bundesverfassungsgericht“) and finally a ratification by its parliament, the UPC project is once again blocked in Germany, as previously before the Bundesverfassungsgericht. Like the phoenix, the project is constantly reborn. But should we resist, or should we surrender? What think of…
The German ratification of the Unified Patent Court Agreement has been put on hold at the request of the German Federal Constitutional Court. The FCC has confirmed this in answer to questions by Kluwer IP Law. The FCC has asked Bundespräsident Frank-Walter Steinmeier, to refrain from signing the bill into law, because two constitutional complaints…
While it is my impression that the IP profession, on the whole, has not had to suffer much under the current COVID-19 pandemic, the same is unfortunately not true for our patent attorney trainees. It all started in early 2020. By then about 1800 trainees had been busy for months learning and getting ready for…
The decision concerns the provisional enforcement of a court judgment on patent infringement. In an earlier decision in the same proceedings the Federal Court of Justice (FCJ) ruled that where the patent in suit is declared invalid the provisional enforcement of the infringement judgment is to be suspended. Now the FCJ has confirmed that the…
Familiar topics, new issues and a characteristic number one: welcome to the Kluwer Patent Blog’s chart with most popular items of 2020. As topics such as the EPO and the UPC usually – and also this year – dominate the top ten of most popular articles, we’d like to start with some posts ranked just…
(UPDATED) Two new constitutional complaints against ratification of the Unified Patent Court Agreement have been filed with Germany’s Federal Constitutional Court. The FCC confirmed to Kluwer IP Law it received the complaints: “Regarding the Act on the Agreement of 13 February 2013 on a Unified Patent Court, two constitutional complaints have been filed and are…
The German Bundesrat approved the Unified Patent Court Agreement and its Protocol on Provisional Application (PPA) earlier today, three weeks after its approval in the Bundestag. To complete the German ratification procedure, the bills will have to be signed by the government and Bundespräsident and published in the Federal Law Gazette. The completion of the…
The UPC Preparatory Committee has reacted with enthusiasm to the approval in the German Bundestag of the ratification legislation for the Unified Patent Court Agreement. In an announcement on its website the Committee writes: “The goal of bringing the Unified Patent Court into operation moves an important step closer this evening with the news from…
The German Bundestag has approved draft legislation to ratify the Unified Patent Court Agreement. 571 representatives support the UPCA, 73 voted against. It means the necessary 2/3 majority was easily achieved. There were three abstentions. The vote is an important step towards introduction of the Unitary Patent system, which can enter into force only after…
(UPDATED) The German draft ratification bill of the Unified Patent Court Agreement will be discussed in the crucial legal committee of the Bundestag next Wednesday. It is one of the issues that on the agenda of the legal committee for 25 November 2020, which was published today. According to this report of Bristows, the draft…
