IP Cases & Articles

UPC constitutional complaint: German Bar Association opinion

Those following the Unified Patent Court (UPC) will be aware that, following a constitutional complaint, the German Federal Constitutional Court asked the German President, Frank-Walter Steinmeier, not to sign into law the parliamentary act declaring Germany’s accession to the Unified Patent Court Agreement pending the outcome of said complaint.

The Unified Patent Court Agreement cannot come into effect until it is ratified by the three member states in which the highest number of European patents had effect, namely France, the UK and Germany. 

The constitutional complaint remains pending. In the meantime, the German Bar Association has published its opinion on it, concluding that the complaint is unfounded.  

German Bar Association Opinion

Opinion of the Deutcher Anwaltverein (PDF download).

Opinion (PDF)
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