Federal Constitutional Court clears path for UPC
In its decision of June 23, 2021 (Ref. 2 BvR 2216/20 and 2 BvR 2217/20), the Federal Constitutional Court rejected the applications for a temporary injunction in the joined proceedings. The Federal President may therefore sign the EPCÜ Implementation Act (EPGÜ-ZustG II).
In terms of content, the decision is in line with the decision of the Federal Constitutional Court on the EPCMA Custody Act I (BVerfG, decision dated February 13, 2020 – 2 BvR 739/17 – Unified Patent Court). For already at that time the Federal Constitutional Court rejected the constitutional complaint as inadmissible. The complaint regarding points of criticism such as problems with the selection and appointment of judges, lack of legitimacy of encroachments on fundamental rights by the Unified Patent Court or an incompatibility of the UPC with EU law were in line with the constitution, the Federal Constitutional Court said at the time. The detailed analysis of the decision of 20.03.2020 can be found here.
The original version of the latest decision can be found here.
We will provide an analysis of the decision shortly. For all questions concerning the Unified Patent Court, the attorneys at Kather Augenstein are at your disposal. Also subscribe to our newsletter to be regularly informed about the latest developments.
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