Ratification of UPC Agreement – Germany

The case before the German Constitutional Court has not been decided yet.

Recently, some Members of the German Parliament asked questions to the German Government regarding the budget for the UPC. The Government’s answer to these questions could mean that ratification by Germany will be postponed until after Brexit and its consequences for the UPC are clear, even if the Constitutional Court dismisses the case.

Questions:

1. In the view of the Federal Government, what impact will the impending withdrawal of Great Britain from the European Union have on the UPC Agreement?

2. Has the Federal Government already planned further action in the event that Great Britain leaves the European Union and ratification of the Agreement in its current form is no longer possible?  If so, what is the next step?

Response:

Questions 1 and 2 will be answered together because of the factual connection.  The question of the United Kingdom's withdrawal from the European Union (so-called Brexit) and its effects on the European patent reform play an important role in the further implementation process of the UPC Agreement. The actual and legal consequences of a withdrawal with regard to the UPC Agreement must be examined and coordinated at European level. This opinion-forming process is not yet complete, not least because important factors for the likely withdrawal are not yet known.

Acknowledgement:

We thank the Litigation Committee of European Patent Institute for providing the above information.

Please read the original document here.

// Hao Li