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Top German court rejects key UPC complaints
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German court rejects latest UPC complaints
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Trademark litigators
lose interest in France, but not in Paris
According to new statistics on European litigation revealed
by Managing IP this week, trademark cases in France plummeted between 2015 and
2019.
While the data, provided by Darts-IP, shows that the Paris
High Court was the second most popular forum for trademark litigation in Europe
after the Milan IP Court, France has seen a notable
year-on-year decrease as a whole.
The country saw a 20% drop from 2015 to 2016, a 29% decrease
from 2016 to 2017, and a 33% fall from 2017 to 2018.
Sources say the time it takes to get through IP cases and
the low damages awards are two possible reasons why trademark litigators may
UPC faces new delay
The fabled unitary patent and concurrent Unified Patent Court look set to be delayed again, at least in the short term, following a request from Germany’s Federal Constitutional Court to pause the final ratification step.
On Wednesday, January 13, the FCC asked Germany’s president Frank-Walter Steinmeier to refrain from signing the country’s ratification into law while it considers two new constitutional complaints challenging ratification that were filed with the court in December.
The court will now decide whether to throw out the complaints as inadmissible or unfounded in the short term, or consider one or both of the challenges. If the FCC opts for the latter option it could severely delay the UPC coming to fruition, or even put an end to the plans.
UPC delayed again by constitutional complaints
14-01-2021
05-03-2019
This latest halt to proceedings follows the filing of two constitutional complaints against the ratification of the UPC on December 18 last year, the same day the Bundesrat (German parliament) unanimously approved the bill that paved the way for ratification.
Düsseldorf-based lawyer Ingve Stjerna filed one of the complaints against the proposed law, following the partial success of his first complaint filed in 2017, and the other has been filed by the Foundation for a Free Information Infrastructure.
Stjerna’s first initial complaint disputed the legitimacy of the UPC and succeeded in blocking any further progress on the agreement for three years. In March 2020, the FCC upheld the complaint on the grounds that the adoption of the UPC required a particular majority of the Bundestag.
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