The German Federal Constitutional Court has upheld the constitutional complaint filed against the German UPC legislation. But it has at the same time pointed the way to a future ratification. The German Federal Constitutional Court ruled today that the “Act of Approval to the Agreement on a Unified Patent Court” needed a two-thirds majority by the Bundestag since it would have entailed an amendment of the German Constitution in substantive terms.
In short terms: The Court criticized a formality: When the Act was passed with an insufficient quorum.
One might assume that this formality might be remedies quite easily and swiftly, but in times of COVID-19 measures any such action might be delayed substantially as other tasks are on the agenda (for good reason). As long as this Act is not passed under the required two-thirds majority, Germany will not ratify the UPC Agreement.
The UPC is a material piece to harmonisation if the patent laws in the EUO. Currently, patent holders have to seek remedies nationally and cross-border measures are only available at a limited scope.
We will keep you posted in the latest developments.
Stay Safe and Healthy!
Text of Decision: 2 BvR 739/17