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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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The Unitary Patent and the Unified Patent Court


ISBN13: 9789041159380
Published: September 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £123.00



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The Unitary Patent and the Unified Patent Court discusses the legal texts regarding the Unitary Patent and the Unified Patent Court (UPC). In 2013, twenty-five Member States of the European Union decided to take European patenting and patent enforcement to the next level. They agreed on a common patent title and a common patent court, i.e., the new Unitary Patent and the UPC. However, the implementation phase of the new patent package was a bumpy ride – non-participating Member States attacked the legal texts before the European Court of Justice, the Rules of Procedure of the UPC were subject to extensive debates, the Brexit referendum slowed down the ratification process, etc. Nevertheless, the unitary patent package survived.

The exact date when the UPC will open its doors and the first Unitary Patent will be registered is still unclear. But observers agree that both projects will most likely become operational in 2018. From that moment on, companies, research institutions and individuals will be able to obtain not only a patent title with immediate effect in twenty-five 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.

What’s in this book: The authors of this book, one being a lawyer who had a hand in the legal texts of the Unitary Patent and the other being a reputed Belgian IP appeal judge who participated in the UPC legal framework group (on Rules of Procedure of the Court and Rules on Mediation and Arbitration), were the first to publish an introduction to the Unitary Patent and the UPC.

This book encompasses the following:

  • in-depth analysis of all aspects of the unitary patent package;
  • legal texts regarding the Unitary Patent and the UPC, including the Rules of Procedure and all other Rules prepared by the Select Committee (for the Unitary Patent) and by the Preparatory Committee (for the UPC);
  • detailed attention to the history, implementation phase and expected future of the system;
  • flow-charts of all the different phases of the UPC proceedings;
  • neutral approach to the new rules (describing both pros and cons).

How this will help you:

As a comprehensive analysis of all aspects of the new patent and enforcement system, this book serves as a handbook for all practitioners (with or without prior knowledge of the new system). 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 ensures the most effective practice as this new regime begins and is a must-read for anyone involved or interested in European patenting.

Subjects:
Intellectual Property Law
Contents:
About the Authors
Foreword
Introduction

THE UNITARY PATENT
Chapter I History of the EU Patent Title
Chapter II Legal Instruments for Unitary Patent Protection
Chapter III Legal Challenges against the Unitary Patent Regulation and the Translation Regulation
Chapter IV Accession of Italy to the Enhanced Cooperation
Chapter V The Unitary Patent
Chapter VI Language Regime of the Unitary Patent

THE UNIFIED PATENT COURT
Chapter I Legal Status of the UPCA and the Unified Patent Court
Chapter II Structure of the Court
Chapter III Composition of the Different Divisions of the Court
Chapter IV The Judges of the Court
Chapter V Jurisdiction and Competence
Chapter VI Sources of Law and Substantive Law
Chapter VII Organisation of Proceedings
Chapter VIII Finance of the Court
Chapter IX Implementation and Operation of the UPCA
Chapter X Unified Patent Court Website and Case Management System

THE RULES OF PROCEDURE OF THE UNIFIED PATENT COURT
Chapter I Introduction
Chapter II Preamble
Chapter III Application and Interpretation of the Rules of Procedure
Chapter IV (Part 1) Procedures before the Court of First Instance (Rules 10–159): Stages of the Proceeding (inter partes proceedings)
Chapter V (Part 2) Evidence (Rules 170–202)
A. (Chapter 1) Witnesses and experts of the parties (Rules 175–181)
B. (Chapter 2) Court experts (Rules 185–188)
C. (Chapter 3) Order to produce evidence and communicate information (Rules 190–191)
D. (Chapter 4) Order to preserve evidence (saisie) and order for inspection (Rules 192–199)
E. (Chapter 5) Other evidence (Rules 200–204)
Chapter VI (Part 3) Provisional Measures (summary proceedings) (Rules 205–213)
Chapter VII (Part 4) Procedures before the Court of Appeal (Rules 220–254)
Chapter VIII (Part 5) General Provisions
A. (Chapter 1) General procedural provisions (Rules 260–266)
B. (Chapter 2) Service (Rules 270–279)
C. (Chapter 3) Rights and Obligations of Representatives (Rules 284–293)
D. (Chapter 4) Stay of Proceedings (Rules 295–298)
E. (Chapter 5) Time periods (Rules 300–301)
F. (Chapter 6) Parties to proceedings (Rules 302–320)
G. (Chapter 7) Miscellaneous provisions on languages (Rules 321–324)
H. (Chapter 8) Case management (Rules 331–340)
I. (Chapter 9) Rules relating to the organisation of the Court (Rules 341– 346)
J. (Chapter 10) Decisions and orders (Rules 350–354)
K. (Chapter 11) Decision by default (Rules 355–357)
L. (Chapter 12) Actions bound to fail or manifestly inadmissible (Rules 360–363)
M. (Chapter 13) Settlement (Rule 365)
Chapter IX (Part 6) Fees and Legal Aid (Rules 370–382)