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“Kuhnen & Wacker - IP Made in Germany“®

CONTINUITY, Quality And strategy...

... are the three pillars of one of the major Intellectual Property Law Firms in Germany.

With more than 40 years of experience in the field of Intellectual Property our firm has acquired an excellent international reputation. Our professional staff is specialized in intellectual property matters. Our target is our clients' successful exploitation of industrial property rights world-wide. We offer services in patents, utility models, designs and trade marks but also specialize in IP evaluation and in IP litigation including cross-border-injunction and licencing.

This website provides you with information about our firm, staff and up-to-date content about industrial property law matters and offers views of our historic office buildings.

News

  • October 2017:
    PUBLICATION BY RAINER K. KUHNEN
    Proposed Structur of the Unified Patent Court,
    Patents in Europe 2018/2019, IAM
  • August 2017:
    GROUNDS FOR THE CONSTITUTIONAL CHALLENGE OF THE GERMAN UPC RATIFICATION

    As previously reported, an unnamed private individual filed this constitutional complaint (No. 2 BvR 739/17) with the Federal Constitutional Court of Germany (Bundesverfassungsgericht, BVerfG) shortly after the relevant UPC legislation was passed by the Bundesrat on 31 March 2017. The substantive challenge was accompanied by an application for provisional measures, which is still pending. Having noted that the challenge could not be found to be totally without merit from the outset, the BVerfG made an informal request to the Office of the President of the Republic to temporarily refrain from signing and submitting for publication the draft legislation, preventing it from coming into force until the application for provisional measures has been decided. Today, new details emerged regarding the grounds of the pending challenge to the constitutionality of the German legislation enabling the ratification of the Agreement on a Unified Patent Court (UPC).

    According to a spokesperson for the BVerfG, the challenge is based on grounds that the relevant legislation exceeds the limits on the transfer of sovereignty under the constitutional right to democracy derived from Art 38(1) of the Constitution of the Federal Republic of Germany (Grundgesetz, GG). The challenge asserts the following alleged breaches:

    • Breach of the requirement derived from Arts. 23(1) and 79(2) GG that the adoption of legislation amounting to a transfer of sovereign powers to European institutions must be decided by a qualified majority of two thirds of the Members of the Bundestag (German parliament) and the Bundesrat (Federal Council).
    • Democratic and rule of law deficits with regard to the legislative powers of the organs of the UPC.
    • Lack of independence and democratic legitimacy of the judges of the UPC.
    • Incompatibility of the UPC with EU law.

    Unfortunately, it is currently not foreseeable when the BVerfG will render its interim decision.

    Moreover, regarding the asserted incompatibility of the UPC with EU law, it may well be that the BVerfG will refer this question to the European Court of Justice in Luxembourg.

  • July 2017:
    INTERNATIONAL PATENT PROSECUTION AND PRACTICE SEMINAR
    In cooperation with WIPO at John Marshall Law School,
    September 14 to 15, 2017, Chicago.
    For more details, please click here! Register now!
  • CONGRATULATIONS!
    We congratulate our patent attorney Christoph Straßl on successfully passing the EQE and thereby being admitted as representative before the European Patent Office.
    We are delighted by the news, wish him the very best and continued happiness and success in his profession. We are proud to have him in our team.
  • June 2017:
    INTERNATIONAL PATENT PROSECUTION AND PRACTICE SEMINAR
    IN CHICAGO
    On September 14 to 15, 2017 we will present our Seminar in cooperation with WIPO at John Marshall Law School. More details will follow soon.
  • THE GERMAN CONSTITUTIONAL COURT REVIEWS THE IMPLEMENTING LEGISLATION FOR THE UNITARY PATENT PACKAGE
    As recently made public by news media, the German Constitutional Court asked the German Federal President already on April 3, 2017, at first orally, then in writing, not to sign (off on) the implementing legislation for the Unitary Patent Package, due to a constitutional complaint by a private person.

    The reason ...
  • START OF UPC FURTHER DELAYED
    On June 7, 2017, the Preparatory Committee of the Unified Patent Court (UPC) published a statement announcing that the timetable for the start of the UPC Agreement provisional application period and target date for entry into operation of the UPC, previously envisaged for 1 December 2017, will have to be postponed.

    The reason ...
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