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After the Brexit which delayed the entry into force of the Agreement on the Unified Jurisdiction in Patent (UPC Agreement), it is the turn of the Federal Constitutional Court of Germany to throw its stone in the water!

The Federal Constitutional Court of Germany has just rendered its decision following a complaint before it on the constitutional nature or not of the ratification:

On February 13, 2020, the Federal Constitutional Court decided that the complaint was admissible and well-founded, insofar as the requirement of a qualified majority had not been met under the German Constitution. The provisions authorizing the entry into force of the UPC Agreement had been adopted without the required consent of two-thirds of the members of the Bundestag.

There is no doubt that to advance this ambitious project of the unified patent, its defenders will again have to row hard in this tumultuous water.

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