September 17, 2021

Volume XI, Number 260

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Breaking News from Karlsruhe: Progress on the Unified Patent Court (UPC)

The progress on the ratification of the Agreement on a Unified Patent Court (UPC Agreement) had been delayed due to two constitutional complaints filed before the Constitutional Court in Germany. It was not the first attack on German UPC legislation. A first act of approval had been adopted by the Bundestag in March 2017, but was declared invalid by the Constitutional Court in February 2020 based on a complaint about how the UPC legislation had been passed.

In an order dated 23 June 2021, which was published on 9 July 2021, the German Constitutional Court rejected two applications for preliminary injunction directed against the second act of approval. In its reasoning, the Second Senate states that the constitutional complaints lodged in the principle proceedings are inadmissible because the complainants had not sufficiently substantiated the possibility of a violation of their fundamental rights. The Court’s press release can be accessed here.

These decisions clear the path for the ratification procedure in Germany. It is likely that Germany will sign the UPC Agreement within this year. This means the UPC could finally be ready to operate as early as Spring 2022! 

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 192
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About this Author

Dr. Sandra Müller Intellectual Property Attorney Squire Patton Boggs Frankfurt, Germany
Senior Associate

Dr. Sandra Müller focuses on litigation in trademark, design and unfair competition disputes. She has represented clients from the luxury brand and consumer goods industries in various infringement proceedings before the German courts and in cancellation and opposition proceedings before the German Patent and Trademark Office, the German Federal Patent Court and the European Intellectual Property Office, including litigation before the European General Court and the European Court of Justice.

Other sectors of Sandra’s practice involve rights clearances, intellectual property...

49 69-1739-2463
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