On 16 February 2016, the German Federal Ministry of Justice and
Consumer Protection published the first draft of legislation that
will make it possible for Germany to ratify the UPC Agreement. The
draft law granting consent for ratification was published together
with accompanying draft legislation to implement the unitary patent
system into German law. The accompanying law proposal in particular
contains changes to German patent and civil procedure law to
accommodate the unitary patent. It, among other things, also
addresses the delegation of German judges to the UPC.
After a period of consultation, it is anticipated that final
draft laws will be introduced into the German parliament before the
summer of 2016. These will then pass through the legislative
process in parliament for debate, any amendments, and then a final
vote—probably in autumn.
Dr. Ulrich Worm and Benjamin Beck, a partner and a research
assistant, respectively, in the Intellectual Property practice
group of Mayer Brown, analyzed the current state of ratification of
the Unified Patent Court Agreement in Germany in a recent article
published in World Intellectual Property Review (WIPR). To
read their article, Oktoberfest for the UPC?, click here.
Originally published March 24, 2016
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