The German government would appear to be waiting for a full analysis of the possible impact of the United Kingdom's exit from the European Union before ratifying the Unified Patent Court Agreement.
In response to a question from several German MPs in early August regarding the consequences of Brexit on the ratification process of the Court Agreement, the German government indicated that the United Kingdom’s exit (which should normally have welcomed a division of the Court in London) "plays an important role in the further implementation of the Agreement". For the government, the actual and legal consequences of a withdrawal must be examined and validated at European level before proceeding with the ratification of the agreement.
This additional uncertainty supplements the complaint filed with the German Constitutional Court by lawyer Ingve Björn Stjerna, specialising in intellectual property law, against the creation of the Court, which has led to the suspension of the ratification process of the agreement in Germany since 2017.
The Constitutional Court of Karlsruhe is expected to deliver its judgment at the end of 2019 or early 2020 (see EUROPE 12167/18).
As a reminder, the ratifications of thirteen States - including, obligatorily, Germany, France and the United Kingdom - are necessary for the effective launch of the Court. They are long-awaited by the European Commission (see EUROPE 12855/6).
To consult the German Government's response (in German only): https://bit.ly/2KJsmNE. (Original version in French by Pascal Hansens)