EU Patent Reform: A comment on the BVerfG’s decision of 23/06/2021 in matter 2 BvR 2217/20 (Published on 09/07/2021)

Rechtsanwalt Dr Stjerna, complainant in matter 2 BvR 2217/20, comments as follows:

“Today’s decision of the BVerfG does not come as a surprise. Already the first UPCA decision shows that its considerations are primarily politically dominated and that legal issues play at best a subordinate role. This is a necessary consequence of the close ties between the BVerfG judges and party politics. I had already pointed this out in 2018 in an article on the first UPCA constitutional complaint proceedings and raised the question how independent the examination by judges, who are appointed under political considerations, would be in this legislative project which was politically highly desired across party lines and passed with positive knowledge of all constitutional issues. With its decision, the BVerfG has once again made its contribution to the implementation of a legally questionable political agenda, and citizens’ trust in its function as “the guardian of the constitution” is likely to continue to dwindle.

After the decision, also the main proceedings on the UPCA are now likely to be unsuccessful. The conclusion of the German UPCA ratification, which can now be expected shortly, will cause a binding effect under international law which cannot easily be removed. This also limits the possibilities of further legal action against the Agreement itself.”

If you wish to support my work, you can do so here. Many thanks!