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Unified Patent Court (UPC): the German Constitutional Court has temporarily blocked ratification

German parliament's ratification of the UPC agreement rendered null and void in constitutional court ruling 20 March 2020

Today, 20 March 2020, the German Federal Constitutional Court has upheld the constitutional complaint filed against the country's Unified Patent Court (UPC) legislation. The German Court, indeed, concluded that the Act of Approval for the UPC Agreement is null and void, after it was passed with an insufficient quorum in the German parliament (according to the court, a two-thirds majority was required to pass the act).

The German parliament could rectify the situation by voting on the act again and obtaining a two-thirds majority. However, while this is technically possible, it would cause significant delays to the project. Ultimately, it is likely that this decision signifies the end of the UPC. More details and analysis of the decision will follow shortly.

Official Decision
Press Release No.20/2020 of 20 March 2020
"Act of Approval to the Agreement on a Unified Patent Court is void"

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