07Jul2011
Sovereign Acts of a Supranational Entity (EPO), Federal Constitutional Court (Bundesverfassungsgericht), 29 April 2010
- By Anja Petersen, Hoffmann Eitle ,
for Kluwer IP Cases
The decision of the Board of Appeal of the European Patent Office which revokes a European patent due to lack of inventive step, is a supra-national legal instrument which can be the object of a complaint to the German Constitutional Court. Such complaints are only admissible if the protection of fundamental rights is no longer generally and obviously guaranteed by the legal system and the internal practice of the international organization in dispute. Since these conditions are not met, the complaint is dismissed.
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