Procedural aspects

Duration of the proceedings

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

Communication of documents

All exchanges are done electronically (Rule 4 of rules of procedure).

Conduct of the dispute

The management of the dispute by the court must be done in proportion to the importance of the dispute (Article 44 of theAgreement on the Unified Patent Court) in order to maintain a balance in the interests of the parties (section 41 (3) of theAgreement on the Unified Patent Court).

Of course, the court must be fair and equitable in the conduct of the dispute and the search for solutions (section 44 of theAgreement on the Unified Patent Court).

Representation

The representation of a party is possible by (article 48 of theAgreement on the Unified Patent Court) :

  • a lawyer authorized to practice before a court of a Contracting Member State;
  • a European patent attorney with an appropriate qualification (ie in litigation, the list of qualifications is given in the decision of the administrative committee rules 11 to 14).
    • it should be noted that there is no requirement as to nationality or domicile.
    • thus, a European representative of Turkish nationality can fully represent a party before the UPC (which is not a Turkish jurisdiction…)
    • strange, right?

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