German Constitutional Court holds UPC-implementation unconstitutional

Created by Dr. Christian Engelhardt |

Today, the German Constitutional Court handed down its long-expected decision on the constitutional complaint against the implementation of the UPC.

It had widely been expected that the complaint would be dismissed. Now, things shook out differently. The court held that a 2/3-majority would have been required to pass the law. Consequently, the UPC is still “on hold”. After Brexit, this is the second severe blow to the efforts to implement a unitary patent and the corresponding court, whose practical relevance was already being called into doubt after Brexit. In light of the more pressing political and legislative matters at hand in connection with the Corona-pandemic, it seems doubtful whether the German parliament will vote on the UPC again – to possibly achieve the required 2/3 majority - anytime soon.

The full text of the court’s press release you will find here... 

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