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.

Temporal urgency for preliminary injunctions on a modified embodiment

02.08.2021|Comments Off on Temporal urgency for preliminary injunctions on a modified embodiment

Temporal urgency for preliminary injunctions on a modified embodiment In a recent decision (HRC Düsseldorf (2. Zivilsenat), decision of 27 May 2021 – 2 U 2/21; GRUR-RS 2021, 13946 - Insulinpumpe), [...]

Dr Peter Kather is panelist at the Federal Ministry of Justice and Consumer Protection Symposium on the topic “Patentability of Plants and Animals: Scope for Action and Need for Reform?”

20.07.2021|Comments Off on Dr Peter Kather is panelist at the Federal Ministry of Justice and Consumer Protection Symposium on the topic “Patentability of Plants and Animals: Scope for Action and Need for Reform?”

Dr Peter Kather is panelist at the Federal Ministry of Justice and Consumer Protection Symposium on the topic "Patentability of Plants and Animals: Scope for Action and Need for Reform?" On [...]

Federal Constitutional Court: Urgent applications against the Implementation Act on the Agreement on a Unified Patent Court dismissed: Constitutional complaints are inadmissible in the main proceedings

13.07.2021|Comments Off on Federal Constitutional Court: Urgent applications against the Implementation Act on the Agreement on a Unified Patent Court dismissed: Constitutional complaints are inadmissible in the main proceedings

Last Friday (09.07.2021), the German Federal Constitutional Court published its decision, which had been awaited for weeks, on the further constitutional complaints against the ratification of the UPC, the final building block for the [...]

Federal Constitutional Court clears path for UPC

12.07.2021|Comments Off on Federal Constitutional Court clears path for UPC

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 [...]