On Friday March 20, 2020, the German Federal Constitutional Court issued its decision relating to the appeal filed against the German Act of Approval of the Unified Patent Court (“UPC”), and ruled that the vote at the German Parliament in favour of the ratification was not valid.
The Agreement on a UPC aims at implementing a court that would be competent for future European patents with a unitary effect, as well as for other European patents. As of today, the implementation of this agreement depends on ratification by Germany without which the UPC agreement cannot enter into force.
The German Federal Constitutional Court has ruled that the vote at the German Parliament was not valid as it should have required two-thirds majority, a condition which results from the fact that the agreement would result in a transfer of sovereign powers to the UPC. It has thus been ruled that the Act of Approval of the UPC is void. The other appeal grounds have not been admitted. A summary of the decision is available here.
In order to ratify the Agreement, Germany therefore has to set up a new vote at the Parliament.
We will keep you posted on any major future development concerning the UPC. In the meantime, do not hesitate to contact us if you have any question.
