header-logo header-logo

23 March 2020
Categories: Legal News , Patents
printer mail-detail

No hope for Unified Patent Court?

The Unified Patent Court (UPC) dream is over, lawyers say

The German Federal Constitutional Court has upheld a constitutional complaint filed against the country’s Unified Patent Court (UPC) legislation on the basis the required two thirds majority quorum in the German parliament was not achieved. It concluded this week that the Act of Approval was null and void.

The UPC was to be a court common to the contracting member states, enabling inventors to register one unified patent enforceable throughout the UPC jurisdiction. 

However, the UK confirmed in February it would not be seeking involvement in the UPC, despite ratifying the underlying agreement in 2018.

Michael Edenborough QC, barrister at Serle Court, said: ‘The German Constitutional Court has upheld an objection to Germany joining the UPC Agreement.

‘This, coupled with the recent news that the UK will now withdraw from the UPC (because it refuses to be part of any system over which the CJEU has oversight), almost certainly means that the UPC is finished. Without the UK and Germany, who are the largest patent jurisdictions in Europe, the UPC becomes an almost worthless shell of the dream of a pan-European patent court system.

‘The other countries have neither the volume of cases, nor expertise, to maintain a useful system.’

Categories: Legal News , Patents
printer mail-details

MOVERS & SHAKERS

Devonshires—Rebecca Eastwood

Devonshires—Rebecca Eastwood

Housing management and property litigation practice strengthened by Leeds partner hire

Trowers & Hamlins—Rahul Sagar

Trowers & Hamlins—Rahul Sagar

Banking and finance practice bolstered by partner hire

mfg Solicitors—Ian Sheppard

mfg Solicitors—Ian Sheppard

Commercial litigation team welcomes senior associate in Birmingham

NEWS
A ‘parallel justice system’ is developing due to the increased use of Out of Court Resolutions (OOCRs), magistrates have warned
The government’s plan to cut jury trials could ‘cause more delays than it could ever serve to reduce’, veteran silk Geoffrey Robertson KC has warned
Artificial intelligence (AI) could be used to generate faster and cheaper transcripts of criminal court proceedings, ministers have announced
Solicitors practising litigation have been issued with a Law Society practice note following the Court of Appeal’s judgment in Mazur
Sir Andrew McFarlane has retired from the judiciary, following nearly eight years as president of the Family Division and president of the Court of Protection
back-to-top-scroll