Introduction to the Unitary Patent and the Unified Patent Court. The (Draft) Rules of Procedure of the Unified Patent Court
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.
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The Unitary Patent
Chapter 1 History of the EU Patent Title.
Chapter 2 Legal Instruments for Unitary Patent Protection.
Chapter 3 Unitary Patent.
Chapter 4 Translation Regime of the Unitary Patent.
The Unified Patent Court
Chapter 1 Legal Status of the Agreement and the Unified Patent Court.
Chapter 2 Structure of the Court.
Chapter 3 Composition of the Different Divisions of the Court.
Chapter 4 The Judges of the Court.
Chapter 5 Jurisdiction and Competence.
Chapter 6 Sources of Law and Substantive Law.
Chapter 7 Organisation of Proceedings.
Chapter 8 Court Finances.
Chapter 9 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).
See what our clients are saying:
"This book provides a timely first description of the unitary patent and the new court system. Helpfully the book contains flowcharts which orientate the user as to the overall design of each phase in the procedure and contains handy cross-reference to the appropriate rule numbers."
\"This book is a very helpful introduction to the possibilities offered by the new system. It will be useful for practitioners and patent holders alike as they start to acquaint themselves with the new system. It also serves an additional short-term purpose in guiding stakeholders' consideration of the rules of procedure during the upcoming consultation period."
Daniel Brook, Partner, Hogan Lovells International LLPEuropean Intellectual Property Review, Volume 35, issue 9 , 2013