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The Hungarian Constitutional Court today ruled that the Unified Patent Court Agreement (UPCA) is contrary to the Hungarian constitution and therefore cannot be ratified by Hungary.
The Hungarian Constitutional Court today ruled that the Unified
Patent Court Agreement (UPCA) is contrary to the Hungarian
constitution and therefore cannot be ratified by Hungary.The
decision (in Hungarian) is available here.
The Constitutional Court made this ruling on the basis that the
UPCA would deprive the Hungarian courts of certain competences
which are their exclusive preserve under the Hungarian
constitution.
While the Hungarian Court's decision is undoubtedly a blow
to the Unified Patent Court, it is not necessarily fatal as
Hungarian participation is not essential to its entry into
force.Whether or not this will have any impact on the parallel case
currently pending under German law remains to be seen.
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