Unitary Patent Court Agreement
2. Vacancies shall be the subject of a public call for tenders and shall indicate the applicable eligibility criteria referred to in Article 2. The Advisory Committee shall deliver an opinion on the suitability of the candidates to perform the duties of judge of the Tribunal. The notice shall include a list of the most suitable candidates. The list must include at least twice as many candidates as there are vacancies. Where appropriate, the Advisory Committee may recommend that a candidate for a judge receive training in patent litigation in accordance with Article 11(4)(a) before deciding on the appointment. 1. The proprietor of the patent shall have the right to bring an action before the Court of Justice. 6.
Any other natural or legal person, or any entity entitled to be appealed under its national law and concerned by a patent, may bring an action in accordance with the Rules of Procedure. 3. Without prejudice to Article 138(3) EPC, if the grounds for invalidity concern only partially the patent, the patent shall be limited and partially revoked by a corresponding amendment to the claims. See also this article by Sebastian Moore, one of our European patent specialists, with more information and commentary on the advantages of Milan, which is home to the life sciences headquarters of the UPC Central Division. DESIRING to improve the application of patents and the defence against unfounded claims and patents that should be revoked and to increase legal certainty through the creation of a unified patent court for disputes relating to patent infringement and validity, the Preparatory Committee is composed of all the signatory countries to the Convention on the Unified Patent Court (16351/12) (see also Regulations 1257/2012 and 1260/2012. All these States have undertaken to establish the new tribunal and the preparatory committee is tasked with monitoring the various working processes. There are five main lines of work that represent the work to be completed. These are as follows: (2) Unless otherwise provided in the licence agreement, the holder of an exclusive licence to a patent is entitled to bring legal proceedings in the same circumstances as the proprietor of the patent, provided that the proprietor informs in advance. The Unified Patent Court is a common court of the Contracting Member States and is therefore subject to the same obligations under Union law as any national court of the Contracting Member States.
As reported here, the federal government announced in March its intention to continue working towards the introduction of the unitary patent and the Single Patent Justice (UPC) system. That`s right. actions for damages resulting from the provisional protection of a published European patent application; 1. Either seven years after the entry into force of this Agreement or after the judgment of the Court of Justice in 2 000 cases of infringement, depending on the later date and, if necessary, at regular intervals thereafter, the Management Committee shall consult widely with users of the patent system on the operation; The efficiency and cost-effectiveness of the Court of Justice and the confidence of users of the patent system in the quality of the decisions of the General Court. . . .