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Further delay of the European Patent Court

18. september 2017

In the early summer, it was disclosed that the German Federal Constitutional Court in Karlsruhe had asked the German Government to postpone the ratification of the European Patent Court (UPC) based on a complaint. The general contents of the complaint have now been disclosed as well, and it seems more than unlikely that the UPC will be in session by the beginning of 2018 as previously announced.

The main contents of the anonymous complaint, which has postponed Germany’s ratification of the Agreement on a European Patent Court (UPC), has now been disclosed. The complaint is divided into four main issues:

- The validity of the decision itself. According to the claimant, there were not enough members present in the German parliament, Bundestag, to form a qualified majority on issues of sovereignty when the European Patent Court was approved.

- The claimant argues that there is a democratic deficit in the construction of UPC. However, it is not specified how.

- There is no assurance that the UPC is completely independent - the judges are hired on a fixed term with the possibility of extension. Thus, the claimant argues that the judges may be subject to pressure from the political system.

- The claimant argues that the UPC is in contravention of EU law. It is not specified how.

"At Chas. Hude, we monitor the entire situation of UPC closely. We note that the timetable for the UPC has been delayed once more, and that the court will not be in session at the beginning of 2018" says CEO and partner at Chas. Hude, Marianne Johansen.

Please contact us at Chas. Hude if you want to know the consequences of the delay for you and your company.