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BREAKING NEWS – Another blow to the Unitary Patent System

20. March 2020/in UPC-Update

The German Constitutional Court in a decision (2 BvR 739/17) as published today declared the German Act for the implementation of the UP system invalid. The Court stated that the Act would factually amend the German Constitution. This would have required a two-third majority in the German parliament, which was not reached. Only 35 members of Parliament were present when the vote was held.

Interestingly, the decision was not unanimous. Justices König, Langenfeld, Maidowski published a dissenting opinion.

The press release of the German Constitutional Court can be read here (German only).

The Bundestag could now possibly remedy the situation by voting on the Act again with a two-thirds majority, but this could again significantly delay the UPC process. A more detailed analysis will be posted shortly.

/wp-content/uploads/2022/04/boehmert_logo.svg 0 0 Petra Hettenkofer /wp-content/uploads/2022/04/boehmert_logo.svg Petra Hettenkofer2020-03-20 00:00:002022-08-02 18:43:23BREAKING NEWS – Another blow to the Unitary Patent System

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More articles

  • EPC: Amendments to rules for postal and electronic… 2. May 2023
  • Unified Patent Court to start work on June 1, 2023 21. February 2023
  • UPC: Start of Sunrise Period postponed to March 1, 2023 5. December 2022

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