German court rejects latest UPC complaints

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

German court rejects latest UPC complaints

germany-fcc-600-2.jpg

The Federal Constitutional Court says the complaints are inadmissible, potentially paving the way for the project to move forward

Germany’s Federal Constitutional Court rejected two complaints against the country’s Unified Patent Court legislation today, July 9.

In a statement, the FCC said two applications for a preliminary injunction against the UPC Agreement were inadmissible and “failed to sufficiently assert and substantiate a possible violation of their [the complainants’] fundamental rights”.

The court has not revealed the names of the complainants, but Ingve Stjerna, the German attorney who filed the first constitutional complaint against the UPC in 2017 – and which the FCC partially allowed in 2020 – confirmed at the end of last year that he submitted one of the cases.

According to the FCC, the complainant in one of the cases asserted that the proposed UPC violated the right to democratic self-determination under the Basic Law for the Federal Republic of Germany.

The complaint also alleged that the principle of the rule of law, the fundamental right to effective legal protection and EU law had been violated, and that the UPC Agreement amounted to an impermissible encroachment on German constitutional identity.

However, the FCC said the complaint did not sufficiently substantiate the possibility that ratifying the UPC framework could result in violation of these principles.

In the second complaint, directed against the precedence of EU law, the FCC said the complaint was not sufficiently substantiated.

The FCC said the complaint merely rested on the sole argument that Article 20 of the UPC Agreement is contrary to Article 79(3) of the Basic Law, adding. “This does not satisfy the procedural requirement that submissions be sufficiently substantiated.”

This is the second time the court has had to assess challenges against the proposed UPC.

In March 2020, a long-awaited FCC ruling declared that Germany’s act approving the UPCA had not been signed off by a required two-thirds majority in the Bundestag, Germany’s parliament. However, at the end of November 2020, the Bundestag approved the act with the necessary qualified majority.

more from across site and SHARED ros bottom lb

More from across our site

A team from White & Case has checked in on behalf of Premier Inn Hotels in a UK trademark and passing off case against a cookie brand
Litigation team says pre-trial work and a Section 101 defence helped significantly limit damages payable by ride-sharing firm Lyft in patent case
News of Avanci hiring a senior vice president and the EPO teaming up with a French AI startup were also among the top talking points
Explosm, the independent Texas studio behind the hit webcomic Cyanide & Happiness, partnered with Temu’s IP protection team to combat counterfeiters infringing on its brand
The latest in a dispute over juicing machines, and a shakeup in judicial compositions were also among the top developments
Patent partner Robert Hollingshead explains why the firm remains committed to Japan despite several US firms exiting the Japanese and greater Asia market
Emma Green, partner at Bird & Bird, shares why the Iceland v Iceland dispute could prompt businesses and lawyers to think differently about brand enforcement
Attain IP, developed by two UK patent lawyers, will meet ‘forensic’ needs of patent attorneys by showing a verifiable reasoning chain, according to its co-founders
The High Court of Australia has allowed a fashion designer to retain her registered ‘Katie Perry’ trademark for clothing
Sim & San secured the win for Dr. Reddy’s, which will allow the pharma company to manufacture and export semaglutide, the active ingredient in Ozempic
Gift this article