Tag Archives: UPC

5th conference on the Unitary Patent and the Unified Patent Court

The 5th conference on the Unitary Patent and the Unified Patent Court, organized annually by Premier Cercle in association with the EPO, was held in Munich on July 5, 2017.

First, an overview over the state of advancement of the implementation of the Unitary Patent and the UPC from a technical, legal and financial point of view was given by a member of the Committee in charge of the Implementation of the Unitary Patent Protection. It appears that the implementation is completed at all levels, and that the system is ready to launch as soon as the ratification process has been completed.

This overview was followed by a discussion on the selection of the judges for the UPC. The first round of selection is now completed and 236 candidates were selected among initially 841. These candidates will now be interviewed individually to select a total of 100 judges, among which 50 technically qualified judges and 50 legally qualified judges. The overall impression conveyed by the Chairman of the Advisory Panel on the Selection and Training of Judges for the Unified Patent Court, Sir Robin Jacob, was that the quality of the candidates was very promising.

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The Legal Framework of the Order to preserve evidence (Saisie) before the UPC

Although the Agreement on a Unified Patent Court (“UPC Agreement”) provides a broad and non-limited list of means to give and obtain evidence (Article 59) it seems to give a key role to the order to preserve evidence provided by Article 60 that aims at granting prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement.

Rules of procedure of the Unified Patent Court No.192 to 198 (“Rules of Procedure”), provide with further details relating to the requirements and implementation of these measures for preserving evidence.

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German Court delays UPC Ratification

The German Constitutional Court (Bundesverfassungsgericht) has delayed the ratification of the Unified Patent Court (UPC) Agreement (http://www.lto.de/recht/nachrichten/n/bverfg-stoppt-eu-einheits-patent-verfassungsbeschwerde/) as became known today.

The Constitutional Court has asked the Federal President of Germany to put the process of ratification on hold following a constitutional complaint filed by a private person. The Office of the Federal President informed the court that the process was “suspended” following the request. The constitutional complaint relates to the law ruling the Unified Patent Court, but as the two are closely related, the entry into force of the Unitary Patent has also been put on hold.

At this point, Germany and the UK have not yet ratified the UPC Agreement, which requires 13 signatories including those two countries plus France before the UPC can be launched.

Now, concerns have been raised that Germany will not be able to ratify the protocol on the provisional application for quite some time.

Those events will probably have a significant impact on the entry into operation of the entire UPC package.

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UPC – Timetable Update

The UPC’s Preparatory Committee released an update (https://www.unified-patent-court.org/news/upc-timetable-update-june-2017 ) yesterday confirming the expected delays for the entry into operation of the UPC Agreement.

The Committee confirms that the entry into operation of the UPC will not take place in December 2017 as predicted, due to delays in several countries, especially in England, concerning the finalisation of national procedures for the ratification of the UPC Agreement and the participation in the Protocol on Provisional Application.

We monitor the issuance of the new timetable that the Committee is to publish.

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Representation: How will a European Patent Attorney obtain an independent right to represent clients before the UPC?

According to Article 48(2) of the Agreement on a Unified Patent Court (UPC Agreement), European Patent Attorneys (EPAs) who are entitled to act as a professional representative before the European Patent Office (EPO) pursuant to Article 134 of the European Patent Convention (EPC) may represent parties before the Unified Patent Court (UPC), provided they have appropriate qualifications such as a European Patent Litigation Certificate (EPLC).

The wording of this article suggests that EPAs can prove having suitable qualifications by different means, the EPLC being one of them.

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