Duration of the Procedure

The procedure must last a maximum of 1 year (point 7 of the preamble to the Rules of Procedure).

Exchange of Documents

All exchanges are conducted electronically (Rule 4 of the Rules of Procedure).

Conduct of Litigation

The court’s management of the litigation must be proportionate to the importance of the case (Article 42 of the Agreement on a Unified Patent Court) to maintain a balance in the interests of the parties (Article 41(3) of the Agreement on a Unified Patent Court).

Naturally, the court must act fairly and equitably in conducting the litigation and seeking solutions (Article 42 of the Agreement on a Unified Patent Court).

Representation

Representation of a party is possible by (Article 48 of the Agreement on a Unified Patent Court):

  • A lawyer authorized to practice before a court of a contracting Member State;
  • An European patent representative with appropriate qualifications (i.e., in litigation, the list of qualifications is set out in the Administrative Committee decision, Rules 11 to 14).
    • It should be noted that there is no requirement regarding nationality or domicile.
    • Thus, a European patent representative of Turkish nationality may perfectly well represent a party before the UPC (which is not a Turkish court…).
    • Odd, isn’t it?