Work Group on Patent Judicature in Germany e. V.
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Sekretariat Patentdecisions
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Schatzmeister Patentdecisions
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Patent Decisions


Patentdecisions - Case-Law Database

Case Title UPC I
Court Federal Constitutional Court
Case No. 2 BvR 739/17
Case Date 2020-02-13
Provision Art. 38 German Constitution, Art. 23 German Constitution, Art. 79(3) German Constitution
Keyword Transfer of sovereign rights, Scope of protection of Art. 38 German Constitution, European integration, Formal transfer control, Scope of Art. 23(1) German Constitution
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Work Group on Patent Judicature in Germany

Patent disputes are increasingly conducted in several jurisdictions. As a consequence, there is a growing need to bring German legal practice and German court decisions to the attention of an international audience. Moreover, it is noticeable that foreign parties are taking legal action in German courts more frequently. These parties also require access to German court decisions and the evolving case-law in the English language.

The Work Group on Patent Judicature in Germany, a registered association, undertakes to collect, edit and analyze the developing practice of patent law in Germany from various perspectives on a non-profit basis and as a service to the community.

To this end, the most important patent decisions of the German Federal Court of Justice (Bundesgerichtshof – BGH) and other court decisions are to be published in an English data base (www.patent­, which will be globally accessible for legal practitioners and scholars. The aim is also to facilitate the comparative study and discussion of German legal thinking in patent law in comparison to other legal systems. In this way, the legal ­reasoning developed in ­German courts shall be made available for international discussion.


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