Germany kick starts UPC ratification process

14 March 2016

Germany has now started the process of ratification of the Agreement on a unified patent court and the unitary patent.

Germany is one of the three Member States required to ratify the agreement before it comes into force. France and the UK are the other two Member States also required to ratify before the unitary patent comes into effect. The UK has already started the ratification process and France ratified in 2014.

The German Federal Ministry of Justice and Consumer Protection has published two draft bills which are intended to kick-start the process for ratification of the Agreement on a Unified Patent Court in Germany. The first draft bill should allow parliament to ratify the agreement, while the second draft bill is intended to adapt existing legislation to the Unified Patent Court and the European patent with unitary effect.

The draft bills will have to be enacted by the Federal Government before passing through the parliamentary process. The Ministry is aiming to start the parliamentary process prior to the 2016 parliamentary summer break. At least one of the bills will probably need to be adopted by both chambers of parliament (Bundestag and Bundesrat).

While it is not expected there will be any serious opposition to the bills in parliament, the duration of the process will heavily depend on the work load in the chambers and the respective standing committees, and the perceived urgency of the process.

We will keep you up to date as the ratification process in Germany continues

Robert Margue

Partner

Our Expert
Robert Margue
Robert Margue
Location: Munich (Germany)

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