Upc Agreement Text

The agreement has entered into force and practical arrangements must be made for the activity of the unified patent jurisdiction to begin. To this end, five preparatory committee working groups have been established to carry out the preparatory work. [38] The Preparatory Committee indicated in March 2013 that this was a realistic target date for the beginning of 2015 for the opening of operations for the Unified Patent Tribunal,[7] but a june 2015 statement from the Ministry of Economic Development indicated that the preparatory committee would publish an updated roadmap in September 2015 that would delay the start of UPC activities until “end of 2016”. [39] Other international patent agreements applicable to all contracting Member States; and [1] See press release . The full text of the UPC agreement is available here and the text of the Council`s two regulations to promote enhanced cooperation in the area of unitary patent protection and its translation methods was published in the Official Journal of the European Union on 31 December 2012. The agreement will enter into force for the first group of erifiers on the first day of the fourth month, after all three conditions are met:[2][11] 2. Unless the licensee is otherwise authorized to enter the Court of Justice in the same circumstances as the patent holder, provided that the patent holder is informed in advance. 3. In exceptional cases, the Court may, subject to the consent of the parties, rule on another official language of a contracting Member State as a procedural language for all or part of the procedure.

In June 2017, German lawyer Ingve Stjerna filed a constitutional appeal against Germany`s unitary patent law. After receiving the complaint, the Federal Constitutional Court asked Federal President Frank-Walter Steinmeier not to sign the law. Steinmeier complied and ratification was suspended. [128] [129] The complaint referred to a violation of the right to democracy, “democratic deficits and the rule of law with respect to the regulatory powers of upC bodies,” “the absence of an independent judicial system within the UPC” and the UPC`s non-compliance with EU law. [130] [131] It was assumed that the last reason for the complaint, the alleged incompatibility of the UPC agreement with EU law, could lead the Federal Constitutional Court to refer one or more questions to the European Court of Justice (ECJ), “which would mean an additional delay of at least 15-24 months”. [132] Stjerna did not comment publicly on the content of the complaint. However, he told JUVE magazine that he had “not received third-party support or financial support.” [133] The complaint was upheld on 20 March 2020 concerning the unconstitutionality of the parliamentary procedure authorising the agreement in the Bundestag. [134] In June 2020, the federal government introduced a new bill in Parliament to ratify the agreement by a required two-thirds majority. [135] In May 2013, the Danish Ministry of Justice declared that a referendum or a majority of five was necessary for Denmark to ratify the agreement because of its constitutional requirements for the transfer of sovereignty. [67] [124] The Danish People`s Party and the Red-Green Alliance, which controlled enough seats in folketing (22 and 12 or just over one-sixth of the 179 seats respectively) to block ratification without a referendum, said that a referendum should be held. [67] The People`s Party has said it will support the UPC if the ruling parties promise to hold a referendum on the EU`s banking union proposal or to increase restrictions on the distribution of social benefits to foreigners in Denmark.

[125] In the absence of a parliamentary agreement, an upc referendum was held on 25 May 2014 at the same time as the European elections. [126] The Danish Constitution stipulates that the referendum will result in a “yes” result, unless at least 30% of all voters and more than 50c/o if the votes cast vote against it. [127] The referendum resulted in 62.5% yes[70] which led to the adoption of the ratification law, with the ratification instrument being tabled on 20 June 2014.