< Back to latest news & events

News

The end of the UPC as we know it?

March 2020

The German Federal Constitutional Court has issued a decision (in German) which ruled the German UPCA Ratification Law to be unconstitutional and void.  However, the court dismissed the second set of arguments (violation of fundamental democratic rights and the principle of separation of powers) as inadmissible.

So while a significant blow to progress of the UPC, it is possible that the UPC bill could be presented once more to the Bundestag, where the present Government might be able to get the required two-thirds majority.  Of course, this will take a while to be tabled in view of the present global COVID-19 crisis and also raises the possibility of whether the same complaint could be brought again but focussed on more substantive aspects like transfer of sovereign rights, issues with the EPO, judges, to name but a few.  Furthermore, given that the UK has indicated it will no longer seek to participate in unitary patent and UPC, the agreement in its current form would need significant amendment before it could again be taken through the German constitutional process.

The UPC prep committee has commented that “Despite the fact that the judgement will result in further delay the preparatory work will continue, while the judgment and the way forward is further analysed”.  Less surprisingly, they also stated that “It should be acknowledged that all colleagues working for the Preparatory Committee are facing unprecedented challenges with the COVID-19 outbreak but work will move forward using all available resources to keep the momentum”.

This update was prepared by HGF Partner Rachel Fetches.  If you would like further advice on this or any other matter, please contact Rachel. Alternatively, you can contact your usual HGF representative or visit our Contact page to get in touch with your nearest HGF office.

Latest updates

A new dawn for European patents and patent litigation - 1 June 2023

Just as the UPC’s sunrise phase has ended, a new dawn is breaking for European patents and patent litigation.  After many years of anticipation, the Unified Patent Court (UPC) and …

Read article
Event - 29th June 2023

Dublin IP and R&D Summit

HGF are sponsors of the Dublin IP and R&D Summit on the 29th of June at the Dublin Convention Centre. Covering two days, the conference will host panels and stand-alone …

Event details

EU Draft legislation on SPCs released

On 27 April 2023 the EU published 4 draft proposals regarding SPCs. Two of these proposals are completely new and propose the creation of Unitary SPCs: COM(2023)222 for medicinal product …

Read article

Managing Intellectual Property IP Stars 2023

After months of research, Managing IP has published the IP Stars list for 2023. HGF is delighted to have 23 attorneys from England, Scotland, Ireland, Netherlands and Germany recognised and …

Read article

Milan confirmed as third seat of Central Division

The Italian Foreign Office has published a press release announcing an agreement with France and Germany to set up a branch of the Central Division in Milan.  This agreement will …

Read article

Fashionably IP Podcast Series 3 – exploring hot topics in the world of fashion and intellectual property

We are delighted to launch series 3 of our Fashionably IP Podcast where we will be looking at important hot topics in the world of fashion and intellectual property. In …

Read article