Dr. Ingve Björn Stjerna, LL.M. | EU Patent Reform – The German state powers in constitutional complaint proceedings 2 BvR 739/17 (Part 1) (Published on 13/12/2023)

EU Patent Reform – The German state powers in constitutional complaint proceedings 2 BvR 739/17 (Part 1),

Article on some background information relating to the proceedings before the BVerfG as regards the first German ratification of the Agreement on a Unified Patent Court (Published on 13/12/2023)

The author of this article has obtained comprehensive documents on the European Patent Reform on the basis of the German Federal Freedom of Information Act (“IFG”), in particular from the Federal Ministry of Justice and Consumer Protection (“BMJV”). Some of these documents have already been published. Among the most revealing of these documents are the BMJV’s files on the first constitutional complaint proceedings against the ratification of the Agreement on a Unified Patent Court (“UPCA”) (docket no. 2 BvR 739/17), which the author initiated on 31/03/2017 and in which, in March 2020, the German Constitutional Court (“BVerfG”) declared the ratification of an international Agreement by the Federal Republic of Germany null and void for the first time ever. The BMJV has made accessible substantial parts of their files, which reflect its activities throughout the entire duration of the proceedings. Some of these documents will be presented in more detail in this article.

Download English version (Article of 13/12/2023, PDF)
Download German version (Article of 13/12/2023, PDF)

Resources:

Link to decision German Federal Administrative Court, 20 F 4.20 (German language).
Link to decision German Federal Administrative Court, 20 F 5.20 (German language).
Link to the BMJV organizational chart from 01/10/2017 (German language).
Link to BMJV file in proceedings 2 BvR 739/17, volume 4 (German language).
Link to BMJV file in proceedings 2 BvR 739/17, volume 5 (German language).
Link to BMJV file in proceedings 2 BvR 739/17, volume 6 (German language).
Link to BMJV file in proceedings 2 BvR 739/17, volume 7 (German language).
Link to BMJV file in proceedings 2 BvR 739/17, volume 8 (German language).
Link to BMJV file in proceedings 2 BvR 739/17, volume 9 (German language).
Link to BMJV file in proceedings 2 BvR 739/17, volume 11 (German language).
Link to BMJV file in proceedings 2 BvR 739/17, volume 12 (German language).
Link to BMJV document 3620-13-31-477-2017 (German language).
Link to BMJV document 3620-13-31-477-2017 (German language).

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