UPC: will the German decision force changes that are coming anyway?
There is hardly any other decision of the German Federal Constitutional Court (FCC) that has been awaited as eagerly outside Germany—or even outside Europe—as the decision of the 2nd Senate of the FCC in case 2 BvR 739/17 on the complaint against the Act on the ratification of the Agreement on a Unified Patent Court (UPCA), published on 20 March 2020.
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11 June 2020 The European Commission’s top IP official has predicted the establishment of a unitary patent system in Europe “before the end of next year”.
15 April 2020 Membership of the Unified Patent Court system is “incompatible” with the UK’s approach to future relations with the EU, said the UK’s IP minister in a letter confirming the country’s non-participation.
30 March 2020 The German government is pushing for the Unified Patent Court project to go ahead, just one week after the country’s Federal Constitutional Court concluded that the Act of Approval for the UPC Agreement was null and void.