/ Created by Gottfried Schüll

Obstacles and failures on the way to the UPC

C&F interview with Prof. Dr. Siegfried Broß

Düsseldorf, December 18, 2017 – The structure of the European Patent Convention (EPC) is incompatible with the basic law in many ways, says Prof. Dr. Siegfried Broß. In an interview with Cohausz & Florack the former judge of the Federal Constitutional Court talks about obstacles and failures on the way to a Unified Patent Court (UPC). Among other things, he addresses the structural specifics that come along with the new state connection of the member states and the establishment of the UPC. Broß warns that these structures will diminish democracy, rule of law and human rights. In this case he also refers to the conflicts that have occurred in the past within the European Patent Office (EPO) between the administration, the EPO staff and the SUEPO union. “These failures are harrowing – and cast a damning light on the regulations of the EPC and the organizational structure of the European patent organization,” says Broß. The expert also criticizes the lack of institutional autonomy of the judicial panels at the top of the EPO administration, as executive and judiciary are not separated: “The constitutional state thus becomes a farce.”

The former judge of the Federal Constitutional Court also addressed the issue in a speech on the occasion of the opening of the new Munich office of C&F on November 28, 2017 in the Bavarian capital. Both articles – interview and speech – have been published on the C&F website: