The Parliamentary History of the European "Unitary Patent"

German attorney and Certified Specialist for IP Law Ingve Stjerna is known to our readers as an alert and critical commenter of the UPC legislation process (see posts here, here, here, here, here ) and constitutional issues. I do not know what was the reason to abandon the Opt-Out-fee but I think that Ingve's convincing arguments might have played a role.

For those who want to recapture the fascinating parliamentary history of the UPC legislation or simply express their gratitude for Ingve's fight to saveguard our constitutional rights, PatLit recommends to invest one the saved Opt-Out-Fees into his new book:

The Parliamentary History of the European "Unitary Patent"  

Verbatim protocol of selected meetings in the European Parliament and its Legal Affairs Committee (English and original language)  

This book documents the course of the negotiations on the “Unitary Patent Package”. It reproduces the wording of statements made in selected public meetings of the European Parliament and its Legal Affairs Committee on the “Patent Package”, thus permitting a detailed review of the different stages and developments of the legislative procedure, for instance the perception of the European Court of Justice’s opinion 1/09 on the originally planned structure of the Patent Court system, the discussions about invoking the procedure of enhanced cooperation as well as the origins of the controversies about the former Articles 6 to 8 of the “Unitary Patent” Regulation, their escalation after the European Council summit decisions in June 2012 and their resolution according to the Cyprus Council Presidency compromise proposal. 

The book "The Parliamentary History of the European Unitary Patent" is available in two different language versions, German (ISBN 978-3-7345-1071-7) and English (ISBN 978-3-7345-1742-6), more information can be found here (German) and here (English)

The UPC Agreement: is it compatible with the German constitution?

PatLit has received news of a new article by Ingve Stjerna (Rechtsanwalt and Certified Specialist for Intellectual Property Law, Düsseldorf), which has very recently gone “live”. This piece, “Unitary patent“ and court system – Compatible with Constitutional Law?", can be read in English here and in German here. Explains Ingve:

"The paper mainly addresses the question of whether a ratification of the UPC Agreement would be compatible with the German constitution and describes the special procedural redress in place under German law in relation to the ratification of an international Agreement (in principle, each [natural or legal] person affected can take recourse to the Federal Constitutional Court and request an assessment of its compatibility with fundamental rights).

I am also offering a theory what may be the reason for the recent delay of the Advocate General’s Statement of Position in CJEU proceedings C-146/13 and C-147/13".

PatLit thanks Ingve for his continuing contributions to the discussion of the UPC and for his willingness to investigate issues that many people seem comfortable to ignore.