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

Edited by: Paul England

ISBN13: 9781849467827
Published: December 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £140.00

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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 procedures of the UPC from initiating proceedings to appeal, damages and costs hearings;
  • Rules on competence, substantive law, jurisdiction, language and judges;
  • The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings.

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.

Intellectual Property Law, EU Law
Table of Legislation
Table of Cases
List of Abbreviations

Part I: Structure and Application of the New System
1. A Short History of the UPC and Unitary Patent
2. The Unitary Patent
3. Structure, Context and Competence
4. Decision Making
5. Applicable Law
6. Language
7. The Opt-Out and Transitional Regime
8. Parallel Proceedings: National Courts and UPC
9. Parallel Proceedings: England & Wales and the UPC
10. UPC Jurisdiction – Where to Bring the Claim

Part II: Proceedings in the Unified Patent Court
11. Written Procedure: Infringement Actions
12. Written Procedure: Revocation Actions
13. Written Procedure: Declarations of Non-Infringement and Actions Against the EPO
14. Interim Procedure, Case Management and Stay
15. Oral Procedure, Final Decision and Early Termination
16. Preliminary Injunctions and Other Preliminary Measures
17. Obtaining and Using Evidence
18. Appeal
19. Final Remedies and Costs
20. Service, Parties and Representatives
21. Court Fees

Annex A: Stay of Proceedings
Annex B: Applications and Hearings
Annex C: Regulation (EU) No 1257/2012 of 17 December 2012
Annex D: Regulation (EU) No 1260 / 2012 of 17 December 2012
Annex E: Agreement on a Unified Patent Court 19 February 2013