All material subject to strictly enforced copyright laws. © 2022 Managing IP is part of the Euromoney Institutional Investor PLC group.

New UPC complaints filed in Germany

germany-fcc-600-2.jpg

Germany’s top constitutional court confirms it has received two complaints regarding the UPC Agreement

Germany’s Federal Constitutional Court has confirmed it has received two complaints against the country’s Unified Patent Court legislation.

In a statement sent to Managing IP, the court confirmed: “Regarding the Act on the Agreement of February 13 2013 on a Unified Patent Court, two constitutional complaints have been filed and are pending.”

However, the statement added that a decision date was not known. Neither the identity of the plaintiffs nor the grounds of the complaints are currently available.

In March this year, a long-awaited FCC ruling declared that the act approving the UPCA had not been signed off by a required two-thirds majority in the Bundestag, Germany’s parliament. That ruling was based on a complaint filed in 2017 by German lawyer Ingve Stjerna. 

At the end of November this year, the Bundestag approved the act with the necessary qualified majority.

The Foundation for a Free Information Infrastructure (FFII), a group that opposes software patents, has been urging its community of followers to donate to a crowdsourced fund to help launch a new legal challenge.

The FFII and Stjerna have not responded to requests for comment about whether they are behind either of the new complaints.

At the moment, it is not clear if the FCC will accept the filings and German ratification of the UPC will be delayed again.

Managing IP will provide more analysis in due course.

To view our recent UPC coverage, click on the links below:

German Federal Constitutional Court declares UPC approval void

UPC is ‘a done deal’, say IP counsel

Confirmed: UK to shun unitary patent and UPC

UPC: In-house wary despite flicker of hope

more from across site and ros bottom lb

More from across our site

Managing IP presents the second edition of its Ones to Watch list, profiling 22 in-house counsel on the rise
Maria Herlitz Sundelius is a legal counsel at H&M in Sweden
Grace Du is a staff attorney at Starbucks in China
Mila Misevska is an IP lawyer at Play’n Go in Malta
Mélodie Sofack is an IP legal counsel at Dassault Systèmes in France
Thibault Saurat is a group patent manager at Ontex in Belgium
Hyeran You is a senior legal counsel at Samsung Electronics in South Korea
Armin Schwitulla is a senior litigation counsel at Nokia in Germany
Daniella Valera is a legal assistant at Backus (part of AB InBev) in Peru
Charles Roger is a senior contract and licensing manager at STMicroelectronics in France
We use cookies to provide a personalized site experience.
By continuing to use & browse the site you agree to our Privacy Policy.
I agree