Bundestag to discuss motion by AfD to repeal Germany’s UPC legislation


The Bundestag (German parliament) has announced here that on 15 March 2018 it will discuss a motion by the AfD (Alternative für Deutschland, Alternative for Germany) political party calling for the repeal of two acts enabling Germany to participate in the Unified Patent Court (UPC) and unitary patent system.  One act (18/11137) would enable Germany to ratify the UPC Agreement and the other (18/8827) would amend national law to implement the unitary patent system.  Both acts were unanimously approved by the Bundestag on 9 March 2017 and by the Bundesrat (Federal Council) on 31 March 2017, but have not yet been promulgated due to the constitutional complaint (filed also on 31 March 2017).  The motion is listed on the Bundestag’s agenda for a 45 minute discussion, commencing at 17.35 (CET) on 15 March, and the Bundestag indicates that the next step will be a referral to its Legal Affairs Committee for advice.  The Bundestag notes that the bills had been adopted on the basis of the Committee’s recommendations (here).

Richard Pinckney


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