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 Proceedings
The court must manage proceedings in a manner proportionate to the importance of the case (Article 44 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 proceedings and seeking solutions (Article 44 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;
- A European patent attorney 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 attorney of Turkish nationality may well represent a party before the UPC (which is not a Turkish court…).
- Strange, isn’t it?