ARTICLE
14 January 2021

Further Delay To German UPCA Ratification

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J A Kemp LLP

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J A Kemp is a leading firm of European Patent and Trade Mark Attorneys. We combine independent thinking with collective excellence in all that we do. The technical and legal knowledge that we apply to the protection of our clients’ patents is outstanding in its breadth and depth. With around 100 science and technology graduates in the firm, including 50 PhDs, no area of science or technology is outside our scope. Our Patent Attorneys have collective in-depth expertise in patent law and procedure in every country of the world. The team of professionals who advise our clients on trade mark and design matters have backgrounds in major international law firms and hold qualifications as Chartered UK Trade Mark Attorneys, Solicitors and European Trade Mark Professional Representatives. Dedicated to this specialist area of intellectual property protection, the team has the expertise and resources to protect trade marks and designs in any market worldwide.
Following the passing in Germany of the Bill for Re-ratification of the Unified Patent Court Agreement (UPCA) in December 2020, two constitutional complaints against German ratification were filed...
Germany Intellectual Property

Following the  passing in Germany of the Bill for Re-ratification of the Unified Patent Court Agreement (UPCA) in December 2020, two constitutional complaints against German ratification were filed at the German Federal Constitutional Court (FCC).

The FCC has now confirmed to  journalists that the FCC has asked the Federal President not to sign the bill into law. Signing of the bill is the last step necessary before UPCA and Protocol on Provisional Application (PPA) ratifications can be deposited by Germany.

It is unclear at present whether the delay will be short (for example if the FCC declines to admit the complaints for detailed consideration), or will last for several years in the case that the FCC decides that at least one of the complaints is admissible. The first constitutional complaint against German ratification of the UPCA was filed in 2017 and  decided only in 2020.

German ratification is necessary for the PPA to start. This is required in order to implement the UPCA and enable the creation of the Unitary Patent (UP) and the establishment of the Unified Patent Court (UPC). The UP is intended to be a patent with unitary effect throughout the EU member states. The UPC, if it comes into existence, will be a Court for hearing disputes relating either to the UP or to European patents having effect in the EU member states. 

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