German parliament refers UPC bill to committees for consideration

German parliament refers UPC bill to committees for consideration

12 October 2020

The Bundestag has reported here on its first reading on Thursday, 8th October of the draft legislation required for Germany to ratify the Unified Patent Court (UPC) Agreement and the Protocol on Provisional Application. As the Bundestag’s Council of Elders agreed that the bill be dealt with under the simplified procedure, there was no debate and the bill was referred to the following committees for consideration: the Committee on Legal Affairs and Consumer Protection (the lead committee), the Committee for Affairs of the EU and the Budget Committee. The lead committee will then submit a report and recommendation to the Bundestag for a second reading of the bill. For this bill to enter into force it must be approved by the Bundestag in its third reading by two-thirds of the Bundestag’s members (this requirement not being met for the previous bill, leading to the successful constitutional complaint), approved by the Bundesrat, and signed by the President. It was after the Bundesrat’s approval that the constitutional complaint against the previous bill was filed, and (as reported here) there remains the risk of another constitutional complaint.

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