WIPR survey: readers confident that Germany won’t repeal UPC laws

WIPR readers are confident that legislation which allows Germany to ratify the Unified Patent Court (UPC) Agreement will not be repealed, despite a political party’s arguments for re-debate and repeal of the laws.

Last week, WIPR  reported that far-right German political party Alternative for Germany (AfD) had filed the motion, which was discussed at the Bundestag on Thursday, March 15.

The AfD called for Germany to repeal the  2013 Convention on a Unified Patent Court, which enables Germany to ratify the UPC Agreement, and also the Patent Law Amendment Act, which allows the amendment of national law in order to implement the unitary patent system.

Following the debate, Thomas Adam, partner at Simmons & Simmons’ Munich office, explained that the AfD alleged that the UPC legislation is unconstitutional, using the same arguments as those used in a complaint to Germany’s Constitutional Court (Bundesverfassungsgericht, BVerfG) relating to the same legislation.

Only 20% of WIPR readers think the legislation will be repealed.

One reader claimed that other parties will not vote with the AfD, which has developed a reputation as an anti-EU party. Irrespective of the AfD’s arguments, the other parties “will object to the AfD’s initiative just because it originates from the AfD”, claimed another reader.

Although one reader believes that the UPC discussions “raise enforceability doubts” and therefore may cause the legislation to be repealed, another reader pointed out that “a majority in the German parliament favour UPC participation”.

Notably, German parliament had decided to unanimously retain counsel to file a brief with the BVerfG to defend the patent legislation in the wake of the constitutional complaint, a decision which the AfD was party to.

One reader described the situation as “absurd”, as “everyone is trying to ram through the UPC in spite of the obvious legal issues” such as Brexit.

The UK recently took the penultimate step required in order to pass legislation necessary to ratify the UPC, but the UK’s future relationship with the UPC will be the subject of negotiation when the country leaves the EU.

The same reader claimed that large legal firms have “the most to gain from the UPC” and its existence is due to the firms “driving a concerted lobbying effort, solely for their own benefit without any real care about the legal problems with the UPC”.

Following the parliamentary debate the AfD’s motion has now been referred to the Legal Affairs Committee for consideration.

For this week's question, we ask: “Last week, WIPR  reported that a petition submitted by 924 patent examiners has claimed that the quality of the European Patent Office patent is endangered by the demands of current management.  Do you agree?”

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories like this sent straight to your inbox.