Never-Ending Story? German Constitutional Court stops the European Union‘s Unified Patent Court System

Présentation


On 13 February 2020, the German Federal Constitutional Court Bundesverfassungsgericht) sealed the fate of the European Unions Unified Patent Court (“UPC“) for the foreseeable future. According to this decision, the Constitutional Court deemed the German law ratifying the agreement on the introduction of the UPC (‘UPC Agreement“) to be null and void. Without Germany‘s ratification of the UPC Agreement, neither the UPC Agreement nor the EU Regulation (“UP Regulation“) introducing a European Unified Patent (“UP“) will enter into force.