Introduction to the Unitary Patent and the Unified Patent Court

Intellectual Property / Patent / Copyright

Introduction to the Unitary Patent and the Unified Patent Court The (Draft) Rules of Procedure of the Unified Patent Court

Edited by Sam Granata · Pieter Callens
Kluwer Law International February 2013

Specifications

ISBN-13
9789041147578
Publisher
Kluwer Law International
Publication
February 2013
Format
Hardback , 320 pages
Jurisdiction
International ? Countri(es) for reference only

Details

The long-awaited European Unitary Patent and Unified Patent Court will soon become a reality. Companies, research institutions, and individuals will be able to obtain not only a patent title with immediate effect in 25 EU Member States, but also a court decision on (for example) infringement or validity of a European or Unitary patent with effect in the participating Member States.

Everybody involved in European patenting will find enormously welcome guidance in this extraordinary book. Written by two outstanding intellectual property experts – one being a lawyer who had a hand in the development of the unitary patent and the other being a reputed Belgian intellectual property judge – it describes in detail all the provisions regarding the new patent and the new court, explaining their rationales and the processes that led to them.

Although the Rules of Procedure of the Unified Patent Court still need to be finalized and adopted by the Court, the authors already unravel the proposed Draft Rules of Procedure. The book uses flowcharts as well as plain words to represent each procedural stage of the Draft Rules of Procedure. In this way, a practitioner can focus on each distinct stage as required, while also gaining a comprehensive overview of the proceedings. The complex language issues arising throughout the proceedings are analysed in detail in a supplementary part.

For its deeply informed insights into the expected practical functioning of this revolutionary new patent and litigation system, this work is a peerless contribution that will ensure the most effective practice as this new regime begins. For legal scholars, the book offers the opportunity to analyse, criticize, elaborate, and where necessary improve the current Draft Rules of Procedure of the Unified Patent Court before they are finalized, and advise the governments of the participating Member States on how to implement the new court system in their country.

Table of Contents

About the Authors.

Foreword.

Acknowledgement.

Introduction.


THE UNITARY PATENT.

Chapter I History of the EU Patent Title.

Chapter II Legal Instruments for Unitary Patent Protection.

Chapter III Unitary Patent.

Chapter IV Translation Regime of the Unitary Patent.


THE UNIFIED PATENT COURT.

Chapter I Legal Status of the Agreement and the Unified Patent Court.

Chapter II Structure of the Court.

Chapter III Composition of the Different Divisions of the Court.

Chapter IV The Judges of the Court.

Chapter V Jurisdiction and Competence.

Chapter VI Sources of Law and Substantive Law.

Chapter VII Organisation of Proceedings.

Chapter VIII Court Finances.

Chapter IX Implementation and Operation of the Agreement. THE (DRAFT) RULES OF PROCEDURE OF THE UNIFIED PATENT COURT.


PART 1 PROCEDURES BEFORE THE COURT OF FIRST INSTANCE (R. 10 – R. 157). Stages of the Proceeding (Inter Partes Proceedings).

Chapter 1 Written Procedure (R. 12 – R. 96).

Chapter 2 Interim Procedure (R. 101 – R. 110).

Chapter 3 Oral Procedure (R. 111 – R. 118).

Chapter 4 Procedures for the Determination of Damages and Compensation (R. 125 – R. 143).

Chapter 5 Procedure for Cost Orders (R. 150 – R. 157).


PART 2 EVIDENCE (R. 170 – R. 202).

Chapter 1 Witnesses and Experts of the Parties (R. 175 – R. 181).

Chapter 2 Court Experts (R. 185 – R. 188).

Chapter 3 Order to Produce Evidence and Communicate Information (R. 190 – R. 191).

Chapter 4 Order to Preserve Evidence and Order for Inspection (R. 192 –R. 199).

Chapter 5 Other Evidence (R. 200 – R. 202).


PART 3 PROVISIONAL MEASURES (SUMMARY PROCEEDINGS) (R. 205 – R. 213).


PART 4 PROCEDURES BEFORE COURT OF APPEAL (R. 220 – R. 254).

Chapter 1 Written Procedure (R. 224 – R. 238).

Chapters 1–3 Written Procedure upon Admissibility of Statement of Grounds of Appeals/Interim Procedure/Oral Procedure (R. 235 – R. 241).

Chapter 4 Decisions and Effects of Decisions (R. 242 – R. 243).

Chapter 5 Procedure for Application for Rehearing (R. 245 – R. 254).


PART 5 GENERAL PROVISIONS (R. 260 – R. 365).

Chapter 1 General Procedural Provisions (R. 260 – R. 266).

Chapter 2 Service (R. 270 – R. 279).

Chapter 3 Rights and Obligations of Representatives (R. 285 – R. 294).

Chapter 4 Stay of Proceedings (R. 295 – R. 298).

Chapter 5 Time Periods (R. 300 – R. 301).

Chapter 6 Parties to Proceedings (R. 302 – R. 320).

Chapter 7 Miscellaneous Provisions on Languages (R. 321 – R. 324).

Chapter 8 Case Management (R. 331 – R. 340).

Chapter 9 Rules Relating to the Organisation of the Court (R. 341 – R. 346).

Chapter 10 Decisions and Orders (R. 350 – R. 354).

Chapter 11 Decision by Default (R. 355 – R. 357).

Chapter 12 Actions Bound to Fail or Manifestly Inadmissible (R. 360 – R. 363).

Chapter 13 Settlement (R. 365).


PART 6 FEES AND LEGAL AID (R. 370 – R. 382).

Chapter 1 Court Fees (R. 370 – R. 372).

Chapter 2 Legal Aid (R. 375 – R. 382).


Supplement.

Language Issues.

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