Current news

November 2019

UP&UPC – German Constitutional Complaint – Decision in early 2020

An interview of Managing Intellectual Property with Prof. Dr. Huber, Judge Rapporteur at the German Constitutional Court has been published recently. Judge Huber is responsible for the Constitutional Complaint against the UPC. He explained that a decision can be expected during early 2020 (first quarter of 2020).

(Please follow for interview)

However, even if the complaint is dismissed, it is not clear when and how the German government will take up further actions to complete the ratification in view of the ongoing BREXIT saga. Again, we need patience to see which news we will receive from the German Constitutional Court while waiting in parallel for the outcome of the UK's parliamentary elections on December 12, 2019 as well as the outcome of the new BREXIT date January 31, 2020.

In any case, we will keep you posted so keep an eye on news at K&W.

October 2019

Publication by Rainer K. Kuhnen

Artificial intelligence: the implications for patents
Patents in Europe 2019/2020, IAM

July 2019

International IP Practice Seminar Chicago

On November 4 to 5, 2019 we will present our Seminar in cooperation with WIPO at John Marshall Law School. Details can be found here.

May 2019

Location of UPC’s Central Division in Paris

In connection with the seat of the Central Division in Paris, there have now been reports that, at least initially, the UPC will be located on the Quai de la Mégisserie, overlooking the Ile de la Cité. It was further reported that a few years after the Court opens and depending on the number of cases the Court may move to the Palais de Justice on the Ile de la Cité.

May 2019

Meet Kuhnen & Wacker at the CMEF

Meet us at the China International Medical Equipment Fair in Shanghai, China, from May 14 to 17, 2019. We are looking forward to seeing you at our Booth No. 5.1K13!

May 2019

European Intellectual Property Seminar Freising 2019

Please find here more details of the program of our seminar from October 6 to 10, 2019 and register online.

April 2019


Much ado about nothing – for the time being

During the night of April 10, 2019 the extraordinary EU summit in Brussels granted UK a further delay of the Brexit. EU Council President Donald Tusk confirmed that the October 31 extension has been accepted by the British Prime Minister Theresa May and agreed by the UK. This new date is some compromise as calls for a longer extension have been blocked by, amongst others, French President Emmanuel Macron and the Austrian Chancellor Sebastian Kurz. Hence, the No-Deal Brexit on April 12, 2019 is avoided and we have to wait again to see what will happen within the next months.

March 2019

Breaking News - BREXIT

The British Parliament voted on the Brexit agreement PM May negotiated with the EU.

However, as twice before, the British Parliament voted against (344 to 286) the agreement. As a result, things continue to remain uncertain.

In fact, the next decisive date is April 12 and we are facing a no-deal Brexit unless the UK surprisingly comes up with a final solution as to how to proceed.

The EU immediately called for a new summit on April 10. Until then, the UK has to present a solution so that a decision is possible by April 12.

That being said, I wish you all a nice weekend and a lot of patience until we see which news we will receive from the UK and/or EU by April 10.

March 2019


BREXIT and the ambiguous outcome of the EU summit in Brussels on March 21, 2019

There are only 8 days left until the initially planned exit of the UK from the EU on March 29, 2019.

At the EU Summit in Brussels on Thursday, March 21, 2019, Great Britain and EU leaders discussed during the late afternoon and night whether and how to approve a request to delay the Brexit process submitted by British Prime Minister Theresa May.

British Prime Minister Theresa May called for a shift of the Brexit until the end of June.

EU leaders initially announced that, according to a draft Summit Declaration, they would agree to a postponement until May 22, 2019.

However, this only under one principle condition, which has been suggested by EU Council President Donald Tusk: The UK parliament (British House of Commons) must accept the withdrawal agreement, already rejected twice, in the coming week. In addition, all EU27 countries must agree in detail to this postponement proposal. Otherwise, there is no basis for a delay of the Brexit.

Crucially, EU leaders discussed the possibility of dropping the suggestion by Tusk that any extension be conditional on the UK Parliament approving of May's withdrawal deal.

It also seems that European elections in May - and the April 11 deadline for Britain to declare whether it will be taking part in them - have been a complicating factor in the talks.

If Theresa May should not reach a third vote on the withdrawal agreement next week, or if the withdrawal agreement is rejected again in such a third vote, Britain would have time to announce by April 12 the latest whether the UK will participate in the EU elections. Otherwise, and as already called by France's President Emanuel Macron, UK and EU will in any case come to a No-Deal Brexit.

Consequently, a no-deal Brexit is not taken off the table.

We can take from that ambiguous outcome of the EU council meeting last night that the BREXIT date seems to be shifted at least until April 12.

Provided that UK's parliament approves the withdrawal agreement in a third vote within next week, still assuming that, in contrast to the decision of March 18, the Speaker John Bercow now allows such third vote on the withdrawal agreement to take place at all, and/or declares until April 12, 2019 the latest that UK will participate in the EU elections, there is a political willingness of the EU leaders to accept a longer delay of BREXIT with uncertain end dates; actually, there were rumors yesterday night talking about May 22, 2019, December 31, 2019 and even December 31, 2020 as the new date for the BREXIT.

Otherwise, it seems for now that we will face a No-Deal Brexit on April 12, 2019.

We will continue to keep you informed.

March 2019


PM Theresa May's plan for a third vote ends up in smoke - announcement of short Brexit delay until June 30, 2019 - French PM Macron tends to refuse delay

This week there have again been daily news from the UK regarding BREXIT.

PM Theresa May planned a third vote of UK's parliament regarding the withdrawal agreement by March 20, 2019.

However, on March 18, 2019 John Bercow, Speaker of the House of Commons, ruled that the PM cannot bring her deal back for a third vote. An old rule of April 2, 1604 states that the House of Commons should not be asked to vote twice on exactly the same question ("without substantial changes") during a single parliamentary session. It is up to the Speaker to decide whether to allow any vote. Thus, it remains unclear whether or not a third vote will take place within the next days.

Unimpressed by these difficulties, PM May announced on March 20, 2019 in a letter to Donald Tusk (President of the European Council) her request for the extension of the time limit (cf. Art. 50 (3) TEU, second half of the sentence) for March 21, 2019 (the EU Council Summit is scheduled on that day).

Regarding the period of time for the delay, PM Theresa May plans to request a short extension of the time limit until June 30, 2019.

Such an extension will cause difficulties with the next European elections which will already take place between May 23 and 26, 2019. Although PM Theresa May is of the opinion that she can avoid a participation of the UK in the newly elected European Parliament with such a short extension of the time limit until June 30, 2019, there are doubts about her position in this regard.

As you may remember, the request for extension of the time limit under Article 50 TEU needs to be accepted unanimously by the Member States of the EU. However, unanimous approval is still not a clear thing. During the night of March 20, 2019, French PM Emanuel Macron announced that he tends to refuse a request for a delay of BREXIT with a veto from France if some relevant conditions (not explained in detail by him) will not be met.

If the EU Member States reject the request for the extension of the time limit, irrespective of whether a delay until June 30, 2019 or even until December 31, 2020 was requested, the result would still be a "No-Deal"-BREXIT on March 29, 2019.

Any other possibilities are explained in brief in the graphic representation in the following link taken from BBC's website.

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