The purpose of the draft legislation is to approve and enable Germany’s ratification of the UPCA and starting the provisional application phase. The Federal Ministry of Justice and Consumer Protection have submitted the new draft ratification bill for consultation. The consultation time-limit is set to three weeks.
The draft ratification bill has been prepared within a short time since the German Federal Constitution Decision of March 2020, which disallowed the previous ratification bill on the basis that the applicable Bundestag majority rules had not been followed. In the draft bill document, the Federal Ministry of Justice and Consumer Protection makes clear its position that the UK’s decision to depart from the Unitary Patent System does not prevent the implementation of the UPCA. Furthermore, the ministry states that the responsibilities of the Court of First Instance central division of London may be handled temporarily by the Paris and Münich central divisions and without amendments to the UPCA. The Federal Government will work for a political declaration on these issues among the remaining contracting states. The development is in line with the German Federal minister of Justice and Consumer Protection press release of late March 2020. Setterwalls views the development as a clear ambition of the German government to work for a parliament ratification bill vote within a short period of time.
Read the draft ratification bill and press release (in German) here.
Read Setterwalls’ update on the German Federal Constitution Decision here.
Read Setterwalls’ update on the UK’s step to leave the UPC here and here.