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Unified Patent Protection in Europe: A Commentary
edited_book
Author(s):
Winfried Tilmann
Publication date
(Online):
July 20 2018
Publisher:
Oxford University Press
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Book
ISBN (Print):
9780198755463
ISBN (Electronic):
9780191927706
Publication date (Print):
July 20 2018
Publication date (Online):
July 20 2018
SO-VID:
893944b8-e50f-4f80-8f16-fdfec29c164d
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Book chapters
Responsibility for case management
Translation in the event of a dispute
Order to preserve evidence without hearing the defendant
Budget of the Court
Impartiality
Principle on expenses
Order for inspection
Start of proceedings for cost decision
Absence of a party from the oral hearing
Rule 93: Examination of the Application to annul or alter a decision of the Office
Rule 267 Actions pursuant to Article 22 of the Agreement
Sources of law
Powers of attorney
Powers of the Court concerning decisions of the European Patent Office
Article 7 Treating a European patent with unitary effect as a national patent
Examination as to formal requirements, recording in the register, assignment (Court of First Instance, revocation action) and designation of the judge-rapporteur
Article 88 Languages of the Agreement
Order to preserve evidence and to inspect premises
Resumption of proceedings
Effects of an appeal
Application by a party for allocating a technically qualified judge
Rule 97: Application to annul a decision of the Office to refuse a request for unitary effect
Rule 138 Contents of the Defence to the Application for the determination of damages
The general powers of the Court
Application for order to communicate information
Requests for preliminary rulings
Experts of the parties
Patent attorneys’ right of audience
Rule 240 Conduct of the oral hearing
Rule 238A Decision to refer
Article 87 Revision
Staff
Preamble/Recitals
Setting up and discontinuance of a local or regional division
Letters rogatory
Application to set aside a decision by default
Territorial scope of decisions
Rule 265 Withdrawal
Rule 76: Actions for declaration of non-infringement within Article 33(6) of the Agreement
Public proceedings
Means of evidence and means of obtaining evidence
Invitation to intervene
Other language arrangements
Application of competition law and the law relating to unfair competition
Rule 105 Holding the interim conference
Legal costs
Liability for damage caused by infringements of Union law
Examination as to formal requirements of the Statement of defence
Rule 212 Order on provisional measures without hearing the defendant
Rules of Procedure
Rule 273 Scope of this Section
Rule 238 Reply to a Statement of cross-appeal and further schedule
Service outside the Contracting Member States
Rule 271 Service of the Statement of claim
Rule 65: Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur
Consequences for the proceedings
Court fees
Article 55 Reversal of burden of proof
Certificate that a representative is authorized to practice before the Court
Rule 63: Contents of the Statement for a declaration of non-infringement
Article 8 Licences of right
Rule 61: Declaration of non-infringement
Statement in intervention
Rule 102 Referral to the panel
Forced intervention
Article 82 Enforcement of decisions and orders
Article 78 Decisions of the Court and dissenting opinions
Liability
Costs eligible for legal aid
Reply to Defence to revocation
Rule 77: Action for declaration of non-infringement and action for revocation
Appointment of a court expert
Confirmation by the Court of a settlement
President of the Court of First Instance
Rule 235 Statement of response
Composition of the panels of the Court of First Instance
Financing of the Centre
Rule 225 Contents of the Statement of appeal
Aim and scope
Electronic procedures
Recitals
Order on Application to intervene
Application of the Rules and general principles of interpretation
Rule 232 Translation of file
Rule 92: Assignment to panel or to single judge, designation of judge-rapporteur
Accounting period
The Administrative Committee
Statute
Expert report
Award of damages
Rule 69: Reply to Defence to the Statement for a declaration of non-infringement and Rejoinder to the Reply
Privileges, immunities and facilities
Secrecy of deliberations
Rule 221 Application for leave to appeal against cost decisions
Representation
Order to freeze assets
Questions referred to the Court of Justice of the European Union
Rule 262A Protection of Confidential Information
Decision on the validity of a patent
Rule 110 Closure of the interim procedure
Oral hearing
Supplementary protection certificate
Permanent injunctions
Revocation of an order to preserve evidence
Rule 125 Separate proceedings for determining the amount of damages ordered
Provisional budget
Rule 236 Contents of the Statement of response
Judicial vacations
Composition of panels and assignment of actions
The Court of Appeal
Financial Regulations
Compensation for costs of witnesses
Right to prevent the direct use of the invention
Oath
Rule 264 An opportunity to be heard
Obligation to raise objections
Written, interim and oral procedures
Right based on prior use of the invention
Renewal fees
Rule 220 Appealable decisions
Training
Article 80 Publication of decisions
Sub-registries and Deputy-Registrar
Rule 239 Role of the judge-rapporteur
Authorization for expenditure
Rule 114 Adjournment where the Court considers that further evidence is required
Rule 74: Value-based fee for the action for a declaration of non-infringement
Duration and effects of a stay of proceedings
Article 57 Court experts
Rule 111 Role of the presiding judge (Case management)
Subject matter
Examination and decision
Financing of the training framework for judges
The Court of First Instance
Scope of application
Fee for the infringement action
Rule 98: Costs
Stay of proceedings
Rule 278 Service of written pleadings and other documents
Party and party’s representative
Rule 261 Date of pleadings
No appeal against an order on the Application to intervene
Rule 75: Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement)
Rule 279 Change of electronic address for service
Patent mediation and arbitration centre
Orders of the Court’s own motion
Compensation for costs of experts
Rule 226 Contents of the Statement of grounds of appeal
Panels
Order to produce evidence
Rule 246 Contents of the Application for rehearing
Rule 134 Examination as to formal requirements of the Application for the determination of damages
Article 81 Rehearing
No need to adjudicate
Committees
Rule 85: Stages of the proceedings (ex parte proceedings)
Fee for the Counterclaim for revocation
Rule 90: Recording in the register (ex parte proceedings)
Appeal against decision or order on a Preliminary objection
Rule 106 Recording of the interim conference
Lodging of an Application to opt out and withdrawal of an opt-out
Limitations of the effects of a patent
Reimbursement of expenses of witnesses
Article 71 Legal aid
Application for preserving evidence
Rule 89: Examination as to formal requirements (ex parte proceedings)
Decision by default
Language of proceedings at the Court of First Instance
Auditing of accounts
Primacy of and respect for Union law
Rule 266 Preliminary references to the Court of Justice of the European Union
Automatic extension of periods
Responsibility of the Contracting Member States
Examination as to formal requirements of the Application for rehearing
Exchange of written pleadings (infringement action)
President of the Court of Appeal
Lodging of documents
Decision on appeal and referral back
Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge
Corrective measures in infringement proceedings
Legal status
Contents of the Statement of claim
Rule 87: Grounds for annulling or altering a decision of the Office
The Court
Article 84 Signature, ratification and accession
Fee for the Application for the determination of damages
Preparation of the budget
Withdrawal of legal aid
Rule 275 Service of the Statement of claim by an alternative method or at an alternative place
Recovery
Judges’ term of office
Value-based fee for the infringement action
Scope of the Statute
Orders
Article 54 Burden of proof
Orders dismissing manifestly inadmissible claims
Entry into force
Article 86 Duration of the Agreement
Compensation for representation costs
Insolvency of a party
Rule 108 Summons to the oral hearing
Language of the proceedings before the central division
Rule 209 Examination of the Application for provisional measures
Application of Article 33(3) of the Agreement
Security for costs of the Court
Appeal
Uniform protection
Lodging of the Statement of defence
Rule 143 Further procedure
Written witness statement
Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply
Rule 29A: Contents of the Defence to the Counterclaim
Proposal from the judge-rapporteur to use of the language in which the patent was granted as language of the proceedings
Rule 245 Lodging of an Application for rehearing
Decision or order on a Preliminary objection
Contents of the Statement of defence
Rule 210 Oral hearing
Subject matter
Definitions
Provisional and protective measures
Immunity of judges
Rule 230 Recording in the register (Court of Appeal)
Rule 241 Conduct of the oral hearing for an appeal of a cost decision
Action manifestly bound to fail
Maximum amount to be paid for representation
Rule 66: Preliminary objection
Accelerated proceedings before the central division
Court fees
Action to be directed against the patent proprietor
Designation of the judge-rapporteur
Budget
Rule 73: Closure of the written procedure subject to the possible exchange of further pleadings
Duty of representatives not to misrepresent facts or cases
Recording in the register and assignment (Court of First Instance, infringement action)
Powers of the Court as regards representatives
Rule 88: Application to annul or alter a decision of the Office
Article 77 Formal Requirements
Exercise of case management powers
Rule 228 Fee for the appeal
Application for the hearing of a witness in person
Preliminary objection
Power to order the communication of information
Application by both parties to use of the language in which the patent was granted as language of the proceedings
Rule 272 Notice of service and non-service of the Statement of claim
Counterclaim for revocation
Training framework
Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement
Preamble
Rule 141 Contents of the Request to lay open books
Presidium
End of duties
Competence of the Court
Rule 139 Reply to the Defence to the Application for the determination of damages and Rejoinder to the Reply
Remuneration
Change of a representative
Proportionality and fairness
Absolute bar to proceeding with an action
Rule 208 Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge
Effects of supplementary protection certificates
Rule 118 Decision on the merits
Rule 117 Absence of both parties from the oral hearing
Judicial independence and impartiality
Rule 142 Defence of the unsuccessful party, Reply to the Defence and Rejoinder to the Reply
The Advisory Committee
Appeal
Rule 131 Contents of the Application for the determination of damages
Duties of the Registrar
Introduction
Rule 96: Lex specialis for the oral procedure (ex parte procedure)
Conditions regarding the financial situation of the applicant
Rule 3 Power of staff of the Registry and a sub-registry to perform functions of the Registry
Conditions for granting legal aid
Definition of criminal offence
Change in parties
Rule 56: Lodging of the Defence to the Counterclaim for infringement
Date of effect
Rule 222 Subject-matter of the proceedings before the Court of Appeal
Security for costs of a party
Rule 144 Decision on the Request to lay open books
General principles of case management
International jurisdiction
Dissenting opinions
Rule 91: Interlocutory revision by the European Patent Office
European patent with unitary effect
Rule 94: Invitation to the President of the European Patent Office to comment
Examination of the Application for rehearing
Death or demise of a party
Distribution
Appointment of judges
Definitions
Rule 276 Service of orders and decisions
Rule 211 Order on the Application for provisional measures
Administrative tasks in the framework of the European Patent Organisation
Contents of the Statement for revocation
Definitions
Rule 101: Role of the judge-rapporteur (Case management)
Offering of evidence
Rule 260 Examination by the Registry of its own motion
Financing of the Court
Request by the judge-rapporteur for allocating a technically qualified judge
Exhaustion of the rights conferred by a European patent
Preliminary objection
Translation arrangements for the European patent with unitary effect
Simultaneous interpretation during oral hearings
Rule 70: Fee for the action for a declaration of non-infringement
Rule 223 Application for suspensive effect
Cooperation between the Commission and the EPO
Connection Joinder
Appointment and removal from office of the Registrar
Rule 262 Public access to the register
Rule 136 Stay of the Application for a determination of damages
Summoning of witnesses to the oral hearing
Article 83 Transitional regime
Pool of Judges
Dates, times and place of the sittings of the Court
Application to intervene
Rule 95: Lex specialis for the interim procedure (ex parte procedure)
Article 79 Settlement
Level of renewal fees
Precedence
Examination of the Application for preserving evidence
Rule 133 Value- based fee for the determination of damages
Time periods for paying court fees
Experiments ordered by the Court
Rule 237 Statement of cross-appeal
Article 85 Functions of the depositary
The Registry
Rule 72: Request for allocating a technically qualified judge
Application for legal aid
Litigation privilege
Rejoinder to the Reply
Suspensive effect
Alteration of economic situation
Order on the Application for preserving evidence
Decision by default (Court of Appeal)
Further schedule
Order to produce evidence
Compensation for costs of interpreters and translators
Duty to produce evidence
Further exchanges of written pleadings
Legal capacity
Rule 207 Protective letter
Fee for the rehearing
Exclusion from the proceedings
Rule 57: Request for allocating a technically qualified judge
Use of languages under Article 49(1) and (2) of the Agreement
Application to amend the patent
Freezing orders
The Budget Committee
Decisions
Language of written pleadings and written evidence
Rule 234 Challenge to the decision to reject an appeal as inadmissible
Rule 115 The oral hearing
Rule 112 Conduct of the oral hearing
Rule 242 Decision of the Court of Appeal
Panels
Duties of witnesses
Further procedure
Language of proceedings at the Court of Appeal
Article 76 Basis for decisions and right to be heard
Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of defence and Rejoinder to the Reply
Case management powers
Removal from office
Rule 224 Time periods for lodging the Statement of appeal and the Statement of grounds of appeal
Competence of the divisions of the Court of First Instance
Re-establishment of rights
Rule 277 Decision by default under Part 5, Chapter 11
Transitional measures
Separate proceedings for cost decision
Rule 103 Preparation for the interim conference
Evidence
Rule 231 Designation of the judge-rapporteur
Stages of the proceedings (inter partes proceedings)
Decisions
Rule 233 Preliminary examination of the Statement of grounds of appeal
Appeal against the cost decision
Rule 68: Contents of the Defence to the Statement for a declaration of non-infringement
Enforcement
Rule 247 Fundamental procedural defects
Settlement
Unified Patent Court
Review of case management orders
Closure of the written procedure
Rule 270 Scope of this Section
Order in which actions are to be dealt with
Appointment Procedure
Pool of Judges
Transfer of the patent or patent application during proceedings
Recitals
Right to prevent the indirect use of the invention
Service and supply of orders, decisions, written pleadings and other documents
Assignment of Application for rehearing to a panel
Rule 67: Lodging of the Defence to the Statement for a declaration of non-infringement
Eligibility criteria for the appointment of judges
Rule 86: Suspensive effect
Hearing of a court expert
Language of the Statement for revocation
Rule 60: Value-based fee for the dispute including the Counterclaim for infringement
Rule 71: Examination as to formal requirements and further schedule
Rule 62: Exchange of written pleadings (action for declaration of non-infringement)
Binding effect of decisions or orders subject to security
Rule 64: Language of the Statement for a declaration of non-infringement and fee for the declaration of non-infringement
Plurality of defendants
Varying or revoking orders
Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement
Lodging of the Defence to revocation
Rule 58: Closure of the written procedure subject to the possible exchange of further pleadings
Notification by the participating Member States
Exhaustion of the rights conferred by a European patent with unitary effect
Exchange of written pleadings (revocation action)
Examination as to formal requirements of the Statement of claim
Application by one party to use the language in which the patent was granted as language of the proceedings
Rule 243 Referral back
Type of proof
Appointment of the members of the Advisory Committee
Decision by default (Court of First Instance)
Period of limitation
Rule 140 Further procedure (Application for the determination of damages)
Rule 137 Reply of the unsuccessful party
Rectification of decisions and orders
Rule 263 Leave to change claim or amend case
Rule 54: Examination as to formal requirements and further schedule
Rule 205 Stages of the proceedings (summary proceedings)
Recording in the register (Application for the determination of damages) and service
Accelerated proceedings before the European Patent Office
Rule 55: Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply
Rule 126 Start of proceedings for the determination of damages
Case management
Deliberations
Recording in the register
Hearing of witnesses
Rule 53: Fee for the Counterclaim for infringement
Report on the operation of this Regulation
Appropriations for unforeseeable expenditure
Consequences where the language of the proceedings is changed in the course of the proceedings
Rule 104 Aim of the interim conference
Article 58 Protection of confidential information
Powers of the Court
Article 53 Means of evidence
Keeping of the register
Parties
Fee for the revocation action
Plurality of claimants or patents
Duties of a court expert
Rule 119 Interim award of damages
Attorney–client privilege
Contents of the Defence to revocation and Counterclaim for infringement
Entry into force and application
Rule 113 Duration of the oral hearing
Entry into force
Rule 206 Application for provisional measures
Application of Article 7 of the Statute
Rule 213 Revocation of provisional measures
Rule 80: Compensation for a licence of right
Eligibility of judges
Administration of a compensation scheme
Calculation of periods
Preliminary remarks on Rules 85–98
Cooperation between the courts of the Member States in the taking of evidence
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