Personally, I would like to see what transpires with CANZUK. USPTO Releases Benchmark Study on the Artificial Intelligence Patent Landscape. Neither of those things is controversial, neither raises constitutional questions. Please read the full decision. News and Press from MTR Lawyers Attorneys Germany international law firm in Cologne Berlin Bonn Düsseldorf Frankfurt Hamburg Munich Stuttgart If I have understood the procedure correctly, it goes like this: The BVerfG could issue an injunction to stop the president signing the law, but would like to avoid this “discourtesy”, out of respect for the office of president… And apparently the president has agreed to handle these cases like this. These were some initial reactions on Twitter: James Nurton According to Art 49(1)UPCA and R 14UPCA, the language of proceedings before any local or regional division shall be an official European Union language which is the official language or one of the official languages of the Contracting Member State hosting the relevant division, or the official language(s) designated by Contracting Member States sharing a regional division. By transferring the duties of the London Section to Paris and Munich, the so created tribunal is anything but not established by law. Since then, more EPC member states have signed up to the UP package … thereby accepting a system in which fewer (and, eventually, zero) translations would be required to “validate” a (unitary) patent in their territory. Today the Bundesrat (Federal Council) approved the draft legislation which will enable Germany to ratify the Unified Patent Court (UPC) Agreement and its Protocol on Provisional Application (PPA). The notion of One World Order is but a reflection that other factors do exist. If, on the UPCA, there had still been pan-European political pressure to “finish the job” the FCC would have felt more hot breath on the back of its neck, not to knock the UPCA on the head. Three weeks ago, the UK government had confirmed that it will no longer participate in the UPC system. R 109(5) UPCA Just a minor clarification: The first UPC complaint was not merely “partially upheld”, but was a full success. But I’m right with you there as, I think, should be every self-respecting and upright lawyer or patent attorney. The German Federal Constitutional Court has upheld the constitutional complaint filed against the German UPC legislation. It is good that the GFCC has a second look at the UPCA. https://www.katheraugenstein.com/en/will-the-unified-patent-court-be-established-an-analysis-of-the-decision-of-the-bundesverfassungsgericht/ But all the companies involved can certainly afford the costs of a multinational litigation. Of those that are, only some are litigated in multiple jurisdictions. https://www.katheraugenstein.com/en/video-on-the-decision-of-the-bundesverfassungsgericht/, The only thing that was left open was the compliance with European law, which I believe should not have been an issue, until the FCC has interfered with the CJEU here: The Unified Patent Court and Unitary Patent Package has received another hit. Unified Patent Court update: German Federal Constitutional Court ruling. Which the president can ignore and sign anyway. EU – not so much. I see the point that otherwise an international treaty comes into force with little possibility to correct it. All major internationally active litigation lawyers firms participated in committee setting up of the rules of procedure of the UPC. 100 Victoria Embankment. It would also follow the long tradition in Europe of kicking into the long grass the tricky issues that arise with unitary patents (and a unified patent court). Aktualisiert am 13.01.2021-16:54 Bildbeschreibung einblenden. However, the Agreement involved compromises over issues such as language, jurisdiction and location—and was never universally supported. The decision could leave it open to the Bundestag to try to pass the Act again with the required two-thirds majority. UK formally abandons Europe’s Unified Patent Court, Germany plans to move forward nevertheless. Judges in Germany have dealt what may be a fatal blow to the project to create a Unified Patent Court (UPC) in Europe. “but, James, I think, only in the hearts of certain pan-European litigation outfits lawyering up seriously for practice before the UPC”. This makes the bridge to nowhere look like a bargain. Unified Patent Court (UPC), Germany It is up to Germany to clear the way for the Unified Patent Court.And, reported by dpa, Germany declared that this should happen 2020: Is UPC really coming? Thanks for the article James. Unified Patent Court stopped due to constitutional complaint in Germany. Deshalb muss die Norm dahingehend ausgelegt werden, dass er nur Gesetze auszufertigen hat, die auch materiell verfassungskonform sind. To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here. By encouraging protection and enforcement of patents, you would help innovation & industry (particularly SMEs) and IP specialists would also benefit. As it is, it may never happen. Bringing regularly all judges dealing with IP in general, and patents in particular, together would allow a much better European integration at a fraction of the costs induced by a system like the UPC. The EU Member States have been wrestling with this issue since at least 1973. The UK’s ratification indicates its desire to be part of the unitary patent package in spite of Brexit. James Nurton IPT Germany. For instance, the French profession was strictly against the London agreement for exactly this reason. Brexit Britain changes its mind, says non, nein, no to Europe's unified patent court – potentially sealing its fate UK.gov decision to back out of UPC smacks of ideology over commonsense. There are thus not only legal problems with the UPCA as it stands, but the economic necessity of a system governing multinational litigations in the EU has never been demonstrated. By Breaking Down Moderna’s COVID-19 Patent Pledge: Why Did They Do It? This says it all. There have been efforts for years to create a common European unitary patent and a unified patent court within the EU member states. As such, Steinmeier has made no movement to bring the law into force. 173). 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