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ARTICLE · 14 JULY 2021

Green Light For German UPCA Ratification

J A Kemp
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Two applications at the German Constitutional Court (FCC) for preliminary injunctions against German ratification of the Unified Patent Court Agreement (UPCA) have been rejected...

GermanyIntellectual Property
Martin Jackson
Martin Jackson
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Two applications at the German Constitutional Court (FCC) for preliminary injunctions against German ratification of the Unified Patent Court Agreement (UPCA) have been rejected, according to today's Press Release of the FCC.

The rejection clears the path for the German Federal President to sign the bill passed by both houses of parliament in December 2020 into law.  Signing of the bill is the last step necessary before the UPCA and Protocol on Provisional Application (PPA) ratifications can be deposited by Germany.

The applications for preliminary injunctions were refused on the basis that the complaints lodged in the principle proceedings are inadmissible as they failed sufficiently to assert and substantiate a possible violation of fundamental rights.  This suggests that in their current form the two constitutional cases will fail in their bid to prevent Germany from proceeding with the UPCA.

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