A Practitioner’s Guide to the Unified Patent Court and Unitary Patent

Description

A Practitioner’s Guide to the Unified Patent Court and Unitary Patent provides practical and detailed advice on all aspects of the system for those using it. The book explains how the UPC system works in the context of the wider European patent system, including the UK, and how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular: The book is written for private practitioners and in-house counsel by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK. It provides insights from national approaches to the features above and gives answers to common problems. Preface Contents Abbreviations Figures and Tables Table of Cases Table of Legislation Table of Other Materials Introduction I. A Short History of the Unified Patent Court and the Unitary Patent II. The UK Referendum on Leaving the EU and its Consequences III. Challenges in Germany IV. Current Participants in the UPC and the Unitary Patent System PART I: THE STRUCTURE AND APPLICATION OF THE NEW SYSTEM 1. The Unitary Patent I. The Unitary Patent in the Context of the European System II. Features of the Unitary Patent III. Administration by the EPO IV. Supplementary Protection Certificates V. Exhaustion of Rights and Licences 2. Structure, Context and Competence I. The UPC and Participating Member State Courts II. Non-contracting Member States III. Non-Member States Contracted to the EPC IV. The Structure of the UPC V. Subject Matter Jurisdiction of the Central Division Sections VI. Actions for which the UPC has Exclusive Competence VII. Non-exclusive Competence VIII. The Role of the CJEU IX. Relationship with Proceedings in the EPO X. Central Amendment Proceedings in the EPO 3. Decision Making I. The Roles of the Judges II. The Structure of the Panels III. The Scope of Appeals IV. Case Management V. Ensuring Uniformity of Approach 4. Sources of Law I. Outline of Sources II. The Law of Infringement III. The Law of Validity IV. Unitary Patents as Objects of Property V. Rights to Employees' Inventions and Compensation VI. Patent Licences and Other Agreements VII. Application of Law During the Transitional Period 5. Language I. The Translation Regulation II. The Language of Proceedings at First Instance III. Language in the Court of Appeal IV. Translations of Documents in Proceedings 6. The Opt-out and Transitional Regime I. The Opt-out and Transitional Period II. Issues Raised by Late Joiners to the UPC and the EPC 7. Parallel Proceedings in the Contracting Member State Courts and the UPC I. Cross-border Actions under the Brussels Regulation II. Parallel Proceedings between the UPC and National Courts 8. Parallel Proceedings: The Courts of England and Wales and the UPC I. English National Actions II. English Cross-border Declarations of Non-infringement III. Cross-border Arrow Declarations? 9. UPC Jurisdiction: Where to Bring the Claim I. Forum by Agreement II. Forum by Operation of Article 33 III. Formalities Relating to Choice of Forum IV. Preliminary Objections to Forum PART II: PROCEEDINGS IN THE UNIFIED PATENT COURT 10. Written Procedure: Infringement Actions I. Timeline of an Infringement Action II. Initial Considerations III. The Written Procedure IV. Available Remedies 11. Written Procedure: Revocation Actions I. Timeline of a Revocation Action II. Revocation Actions 12. Written Procedure: Declarations of Non-infringement and Actions against the EPO I. Declaration of a Non-infringement Timeline II. Declaration of Non-infringement III. Actions against Decisions of the EPO IV. Actions against the EPO for a Refusal of Unitary Effect(Actions to Annul) 13. The Interim Procedure and Case Management I. The Interim Procedure II. Case Management Powers 14. Oral Procedure, Final Decision and Early Termination I. Oral Procedure II. The Decision Following an Oral Hearing III. The Early Termination of Actions 15. Preliminary Injunctions and Other Provisional Measures I. Obtaining a Provisional Measure II. Enforcement of a Provisional Measure III. Protective Letters IV. Appeal Proceedings V. Revocation of Provisional Measures VI. Preliminary Injunctions of Opted-out Patents in the UPC? 16. Obtaining and Using Evidence I. Sources of Evidence II. General Rules on Evidence III. Specific Procedures for Obtaining Evidence from Opponents IV. Orders to Preserve Evidence and Order for Inspection V. Orders to Produce Evidence and Orders to Communicate Information VI. Party Experts and Witnesses VII. Court-Appointed Experts VIII. Court-Appointed or Party-Appointed Experts? IX. The Relationship between the Advice of Technical Judges and Experts X. The Expert and the Skilled Person XI. Court-Ordered Experiments XII. Judicial Cooperation in the Taking of Evidence XIII. Border Seizures under the Customs Regulation XIV. Confidentiality Protection XV. Privilege 17. Appeal I. The Scope and Effect of Appeal II. Written Procedure III. Interim Procedure IV. Oral Procedure V. The Decision of the Court of Appeal VI. Rehearing 18. Final Remedies and Costs I. Damages II. Damages Following the Revocation of a Preliminary Measure III. Damage Caused Outside the EU IV. Other Corrective Measures V. Costs 19. Service and Miscellaneous Matters I. Service II. Parties to Proceedings III. Intervention IV. Representatives V. Time Periods VI. Legal Aid 20. Court Fees I. Fixed and Value-Based Court Fees II. Reduction and Reimbursement of Court Fees III. Calculating the Case Value Annex A: Stay of Proceedings Annex B: Applications and Hearings Annex C: Regulation (EU) 1257/2012 of 17 December 2012: (UP Regulation) Annex D: Regulation (EU) 1260/2012 of 17 December 2012: (Translation Regulation) Annex E: Agreement on a Unified Patent Court of 19 February 2013: (UPC Agreement) Index