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ARTICLE · 25 MAY 2017

UPC Update – Germany Industry News And Articles

Although the surprise announcement that there will be an early General Election in the UK means that the final stages of the UK's procedure for ratifying the UPCA have temporarily been put on hold...

GermanyIntellectual Property

Although the surprise announcement that there will be an early General Election in the UK means that the final stages of the UK's procedure for ratifying the Unified Patent Court Agreement (UPCA) have temporarily been put on hold, Germany has made significant progress lately.

In March, both houses of the German Parliament approved draft legislation amending German patent law and permitting ratification of the UPCA.

There is one further piece of legislation to be approved before Germany can deposit its instrument of ratification with the EU Council. This is the legislation necessary to implement the Protocol on Privileges and Immunities of the Unified Patent Court.

Draft legislation in this regard was approved by the Bundestag (the lower house) on 27 April. Approval by the Bundesrat (the upper house) was expected to occur on 12 May, but this failed to materialise. Instead, the legislation has been listed for discussion in the Bundesrat's next session on 2 June.

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