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Germany Stalls on UPC Ratification to Address ‘Constitutional complaint’

15 June 2017

Germany has delayed its ratification of the Unified Patent Court (UPC) agreement, following an order from the German Federal Constitutional Court (Bundesverfassungsgericht) in light of a ‘constitutional complaint’ received earlier this year.

This ruling by the Bundesverfassungsgericht, which prevents Germany from ratifying, is thought by many to be a temporary measure to allow for a full assessment of the complaint. However, a final decision is not likely to be issued for at least a year, and so probably the earliest the UPC could now become operational is the final quarter of 2018.

Commenting on this latest development, Darren Mitchell, partner at Potter Clarkson, said:
“Despite these uncertain times, our clients can be assured that we continue to ready ourselves to advise and act for clients under the new regime. We will continue to monitor developments affecting the implementation of the UPC closely to keep clients informed of the impact and likely timescales.”  

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