Category : Sources & Links

Regulation 1260/2012

Regulation 1260/2012 : Language regime

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Regulation 1257/2012

Regulation 1257/2012: Creation of unitary patent

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Agreement on a Unified Patent Court (UPCA)

Agreement on a Unified Patent Court (UPCA): 2013/C 175/01 (June 20th, 2013)

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Can European Patent Attorneys represent parties before the UPC?

The role of representation of European patent attorneys before the UPC

According to article 48 of the Agreement on the Unified Patent Court (UPCA), there is an obligation for parties to be represented. Article 48(1) provides for the representation by a “lawyer” authorized to practice before a court of an EU Member State as a general principle, whereas under article 48(2), European patent attorneys authorized before the EPO under A.134 EPC may represent parties before the Unified Patent Court (UPC), provided “they have appropriate qualifications such as European patent litigation certificate”.

This language suggests that such Certificate is only one appropriate way among others to acquire the right of representation before the UPC for European patent attorneys.

The Administrative Committee issued Draft Rules (here) on the Certificate and other appropriate qualifications (hereafter the Draft) in March 2014, as well as a Memorandum on this Draft (here).

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