Unified Patent Court: Rules of Procedure and Other Relevant Legal Texts
Gespeichert in:
| 1. Verfasser: | |
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| Format: | Elektronisch E-Book |
| Sprache: | English |
| Veröffentlicht: |
The Hague
Boom Uitgevers Den Haag
2023
|
| Ausgabe: | 1st ed |
| Online-Zugang: | HWR01 |
| Beschreibung: | Description based on publisher supplied metadata and other sources |
| Beschreibung: | 1 Online-Ressource (178 Seiten) |
| ISBN: | 9789400112315 |
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| 505 | 8 | |a Intro -- Preface -- Table of Contents -- 1. Rules of Procedure of the Unified Patent Court -- PREAMBLE -- APPLICATION AND INTERPRETATION OF THE RULES -- Rule 1 - Application of the Rules and general principles of interpretation -- Rule 2 - Supplementary protection certificate -- Rule 3 - Power of staff of the Registry and a sub-registry to perform functions of the Registry -- Rule 4 - Lodging of documents -- Rule 5 - Lodging of an Application to opt out and withdrawal of an opt-out -- Rule 5A - Application to remove an unauthorised application to opt out or unauthorised withdrawal of an opt-out -- Rule 6 - Service and supply of orders, decisions, written pleadings and other documents -- Rule 7 - Language of written pleadings and written evidence -- Rule 8 - Party and party's representative -- Rule 9 - Powers of the Court -- PART 1 - PROCEDURES BEFORE THE COURT OF FIRST INSTANCE -- Rule 10 - Stages of the proceedings (inter partes proceedings) -- Rule 11 - Settlement -- CHAPTER 1 - WRITTEN PROCEDURE -- SECTION 1 - INFRINGEMENT ACTION -- Rule 12 - Exchange of written pleadings (infringement action) -- STATEMENT OF CLAIM -- Rule 13 - Contents of the Statement of claim -- Rule 14 - Use of languages under Article 49(1) and (2) of the Agreement -- Rule 15 - Fee for the infringement action -- Rule 16 - Examination as to formal requirements of the Statement of claim -- Rule 17 - Recording in the register and assignment (Court of First Instance, infringement action) -- Rule 18 - Designation of the judge-rapporteur -- PROCEDURE WHEN THE DEFENDANT RAISES A PRELIMINARY OBJECTION -- Rule 19 - Preliminary objection -- Rule 20 - Decision or order on a Preliminary objection -- Rule 21 - Appeal against decision or order on a Preliminary objection -- VALUE-BASED FEE FOR THE INFRINGEMENT ACTION. | |
| 505 | 8 | |a Rule 22 - Determination of value-based fee for the infringement action -- STATEMENT OF DEFENCE -- Rule 23 - Lodging of the Statement of defence -- Rule 24 - Contents of the Statement of defence -- Rule 25 - Counterclaim for revocation -- Rule 26 - Fee for the Counterclaim for revocation -- Rule 27 - Examination as to formal requirements of the Statement of defence and Counterclaim for revocation -- Rule 28 - Further schedule -- DEFENCE TO THE COUNTERCLAIM FOR REVOCATION, REPLY TO THE STATEMENT OF THE DEFENCE AND APPLICATION TO AMEND THE PATENT AND REJOINDER TO THE REPLY -- Rule 29 - Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of defence and Rejoinder to the Reply -- Rule 29A - Contents of the Defence to the Counterclaim -- Rule 30 - Application to amend the patent -- DEFENCE TO THE APPLICATION TO AMEND THE PATENT -- Rule 32 - Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply -- APPLICATION FOR ALLOCATING A TECHNICALLY QUALIFIED JUDGE TO THE PANEL -- Rule 33 - Application by a party for allocating a technically qualified judge -- Rule 34 - Request by the judge-rapporteur for allocating a technically qualified judge -- LAST STEPS IN THE WRITTEN PROCEDURE -- Rule 35 - Closure of the written procedure -- Rule 36 - Further exchanges of written pleadings -- Rule 37 - Application of Article 33(3) of the Agreement -- COUNTERCLAIM FOR REVOCATION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(B) OF THE AGREEMENT -- Rule 38 - Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement -- Rule 39 - Language of the proceedings before the central division -- Rule 40 - Accelerated proceedings before the central division | |
| 505 | 8 | |a ACTION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(C) OF THE AGREEMENT -- Rule 41 - Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement -- SECTION 2 - REVOCATION ACTION -- Rule 42 - Action to be directed against the patent proprietor -- Rule 43 - Exchange of written pleadings (revocation action) -- STATEMENT FOR REVOCATION -- Rule 44 - Contents of the Statement for revocation -- Rule 45 - Language of the Statement for revocation -- Rule 46 - Fee for the revocation action -- Rule 47 - Examination as to formal requirements, recording in the register, assignment (Court of First Instance, revocation action) and designation of the judge-rapporteur -- Rule 48 - Preliminary objection -- DEFENCE TO REVOCATION -- Rule 49 - Lodging of the Defence to revocation -- Rule 50 - Contents of the Defence to revocation and Counterclaim for infringement -- Rule 51 - Reply to Defence to revocation -- Rule 52 - Rejoinder to the Reply -- Rule 53 - Fee for the Counterclaim for infringement -- Rule 54 - Examination as to formal requirements and further schedule -- DEFENCE TO THE APPLICATION TO AMEND THE PATENT AND DEFENCE TO THE COUNTERCLAIM FOR INFRINGEMENT -- 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 56 - Lodging of the Defence to the Counterclaim for infringement -- Rule 57 - Request for allocating a technically qualified judge -- Rule 58 - Closure of the written procedure subject to the possible exchange of further pleadings -- Rule 60 - Determination of the value-based fee for the Counterclaim for infringement -- SECTION 3 - ACTION FOR DECLARATION OF NON-INFRINGEMENT -- Rule 61 - Declaration of non-infringement -- Rule 62 - Exchange of written pleadings (action for declaration of non-infringement) | |
| 505 | 8 | |a Rule 63 - Contents of the Statement for a declaration of non-infringement -- Rule 64 - Language of the Statement for a declaration of non-infringement -- Rule 65 - Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur -- Rule 66 - Preliminary objection -- Rule 67 - Lodging of the Defence to the Statement for a declaration of non-infringement -- Rule 68 - Contents of the Defence to the Statement for a declaration of non-infringement -- Rule 69 - Reply to Defence to the Statement for a declaration of non-infringement and Rejoinder to the Reply -- Rule 70 - Fee for the action for a declaration of non-infringement -- Rule 71 - Examination as to formal requirements and further schedule -- Rule 72 - Request for allocating a technically qualified judge -- Rule 73 - Closure of the written procedure subject to the possible exchange of further pleadings -- Rule 74 - Value-based fee for the action for a declaration of non-infringement -- SECTION 4 - ACTIONS WITHIN ARTICLE 33(5) AND (6) OF THE AGREEMENT -- Rule 75 - Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement) -- Rule 76 - Actions for declaration of non-infringement within Article 33(6) of the Agreement -- Rule 77 - Action for declaration of non-infringement and action for revocation -- SECTION 5 - ACTION FOR COMPENSATION FOR LICENCES ON THE BASIS OF ARTICLE 8 OF REGULATION (EU) No 1257/2012 -- Rule 80 - Compensation for a licence of right -- SECTION 6 - ACTION AGAINST DECISIONS OF THE EUROPEAN PATENT OFFICE IN CARRYING OUT THE TASKS REFERRED TO IN ARTICLE 9 OF REGULATION (EU) No 1257/2012 -- Rule 85 - Stages of the proceedings (ex parte proceedings) -- Rule 86 - Suspensive effect -- Rule 87 - Grounds for annulling or altering a decision of the Office | |
| 505 | 8 | |a Rule 88 - Application to annul or alter a decision of the Office -- Rule 89 - Examination as to formal requirements (ex parte proceedings) -- Rule 90 - Recording in the register (ex parte proceedings) -- Rule 91 - Interlocutory revision by the European Patent Office -- Rule 92 - Assignment to panel or to single judge, designation of judge-rapporteur -- Rule 93 - Examination of the Application to annul or alter a decision of the Office -- Rule 94 - Invitation to the President of the European Patent Office to comment -- Rule 95 - Lex specialis for the interim procedure (ex parte procedure) -- Rule 96 - Lex specialis for the oral procedure (ex parte procedure) -- Rule 97 - Application to annul a decision of the Office to reject a request for unitary effect -- Rule 98 - Costs -- CHAPTER 2 - INTERIM PROCEDURE -- Rule 101 - Role of the judge-rapporteur (Case management) -- Rule 102 - Referral to the panel -- Rule 103 - Preparation for the interim conference -- INTERIM CONFERENCE -- Rule 104 - Aim of the interim conference -- Rule 105 - Holding the interim conference -- Rule 106 - Recording of the interim conference -- PREPARATION FOR THE ORAL HEARING -- Rule 108 - Summons to the oral hearing -- Rule 109 - Simultaneous interpretation during oral hearings -- Rule 110 - Closure of the interim procedure -- CHAPTER 3 - ORAL PROCEDURE -- Rule 111 - Role of the presiding judge (Case management) -- Rule 112 - Conduct of the oral hearing -- Rule 113 - Duration of the oral hearing -- Rule 114 - Adjournment where the Court considers that further evidence is required -- Rule 115 - The oral hearing -- Rule 116 - Absence of a party from the oral hearing -- Rule 117 - Absence of both parties from the oral hearing -- Rule 118 - Decision on the merits -- Rule 119 - Interim award of damages -- CHAPTER 4 - PROCEDURE FOR THE DETERMINATION OF DAMAGES AND COMPENSATION. | |
| 505 | 8 | |a Rule 125 - Separate proceedings for determining the amount of damages ordered | |
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| contents | Intro -- Preface -- Table of Contents -- 1. Rules of Procedure of the Unified Patent Court -- PREAMBLE -- APPLICATION AND INTERPRETATION OF THE RULES -- Rule 1 - Application of the Rules and general principles of interpretation -- Rule 2 - Supplementary protection certificate -- Rule 3 - Power of staff of the Registry and a sub-registry to perform functions of the Registry -- Rule 4 - Lodging of documents -- Rule 5 - Lodging of an Application to opt out and withdrawal of an opt-out -- Rule 5A - Application to remove an unauthorised application to opt out or unauthorised withdrawal of an opt-out -- Rule 6 - Service and supply of orders, decisions, written pleadings and other documents -- Rule 7 - Language of written pleadings and written evidence -- Rule 8 - Party and party's representative -- Rule 9 - Powers of the Court -- PART 1 - PROCEDURES BEFORE THE COURT OF FIRST INSTANCE -- Rule 10 - Stages of the proceedings (inter partes proceedings) -- Rule 11 - Settlement -- CHAPTER 1 - WRITTEN PROCEDURE -- SECTION 1 - INFRINGEMENT ACTION -- Rule 12 - Exchange of written pleadings (infringement action) -- STATEMENT OF CLAIM -- Rule 13 - Contents of the Statement of claim -- Rule 14 - Use of languages under Article 49(1) and (2) of the Agreement -- Rule 15 - Fee for the infringement action -- Rule 16 - Examination as to formal requirements of the Statement of claim -- Rule 17 - Recording in the register and assignment (Court of First Instance, infringement action) -- Rule 18 - Designation of the judge-rapporteur -- PROCEDURE WHEN THE DEFENDANT RAISES A PRELIMINARY OBJECTION -- Rule 19 - Preliminary objection -- Rule 20 - Decision or order on a Preliminary objection -- Rule 21 - Appeal against decision or order on a Preliminary objection -- VALUE-BASED FEE FOR THE INFRINGEMENT ACTION. Rule 22 - Determination of value-based fee for the infringement action -- STATEMENT OF DEFENCE -- Rule 23 - Lodging of the Statement of defence -- Rule 24 - Contents of the Statement of defence -- Rule 25 - Counterclaim for revocation -- Rule 26 - Fee for the Counterclaim for revocation -- Rule 27 - Examination as to formal requirements of the Statement of defence and Counterclaim for revocation -- Rule 28 - Further schedule -- DEFENCE TO THE COUNTERCLAIM FOR REVOCATION, REPLY TO THE STATEMENT OF THE DEFENCE AND APPLICATION TO AMEND THE PATENT AND REJOINDER TO THE REPLY -- Rule 29 - Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of defence and Rejoinder to the Reply -- Rule 29A - Contents of the Defence to the Counterclaim -- Rule 30 - Application to amend the patent -- DEFENCE TO THE APPLICATION TO AMEND THE PATENT -- Rule 32 - Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply -- APPLICATION FOR ALLOCATING A TECHNICALLY QUALIFIED JUDGE TO THE PANEL -- Rule 33 - Application by a party for allocating a technically qualified judge -- Rule 34 - Request by the judge-rapporteur for allocating a technically qualified judge -- LAST STEPS IN THE WRITTEN PROCEDURE -- Rule 35 - Closure of the written procedure -- Rule 36 - Further exchanges of written pleadings -- Rule 37 - Application of Article 33(3) of the Agreement -- COUNTERCLAIM FOR REVOCATION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(B) OF THE AGREEMENT -- Rule 38 - Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement -- Rule 39 - Language of the proceedings before the central division -- Rule 40 - Accelerated proceedings before the central division ACTION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(C) OF THE AGREEMENT -- Rule 41 - Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement -- SECTION 2 - REVOCATION ACTION -- Rule 42 - Action to be directed against the patent proprietor -- Rule 43 - Exchange of written pleadings (revocation action) -- STATEMENT FOR REVOCATION -- Rule 44 - Contents of the Statement for revocation -- Rule 45 - Language of the Statement for revocation -- Rule 46 - Fee for the revocation action -- Rule 47 - Examination as to formal requirements, recording in the register, assignment (Court of First Instance, revocation action) and designation of the judge-rapporteur -- Rule 48 - Preliminary objection -- DEFENCE TO REVOCATION -- Rule 49 - Lodging of the Defence to revocation -- Rule 50 - Contents of the Defence to revocation and Counterclaim for infringement -- Rule 51 - Reply to Defence to revocation -- Rule 52 - Rejoinder to the Reply -- Rule 53 - Fee for the Counterclaim for infringement -- Rule 54 - Examination as to formal requirements and further schedule -- DEFENCE TO THE APPLICATION TO AMEND THE PATENT AND DEFENCE TO THE COUNTERCLAIM FOR INFRINGEMENT -- 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 56 - Lodging of the Defence to the Counterclaim for infringement -- Rule 57 - Request for allocating a technically qualified judge -- Rule 58 - Closure of the written procedure subject to the possible exchange of further pleadings -- Rule 60 - Determination of the value-based fee for the Counterclaim for infringement -- SECTION 3 - ACTION FOR DECLARATION OF NON-INFRINGEMENT -- Rule 61 - Declaration of non-infringement -- Rule 62 - Exchange of written pleadings (action for declaration of non-infringement) Rule 63 - Contents of the Statement for a declaration of non-infringement -- Rule 64 - Language of the Statement for a declaration of non-infringement -- Rule 65 - Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur -- Rule 66 - Preliminary objection -- Rule 67 - Lodging of the Defence to the Statement for a declaration of non-infringement -- Rule 68 - Contents of the Defence to the Statement for a declaration of non-infringement -- Rule 69 - Reply to Defence to the Statement for a declaration of non-infringement and Rejoinder to the Reply -- Rule 70 - Fee for the action for a declaration of non-infringement -- Rule 71 - Examination as to formal requirements and further schedule -- Rule 72 - Request for allocating a technically qualified judge -- Rule 73 - Closure of the written procedure subject to the possible exchange of further pleadings -- Rule 74 - Value-based fee for the action for a declaration of non-infringement -- SECTION 4 - ACTIONS WITHIN ARTICLE 33(5) AND (6) OF THE AGREEMENT -- Rule 75 - Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement) -- Rule 76 - Actions for declaration of non-infringement within Article 33(6) of the Agreement -- Rule 77 - Action for declaration of non-infringement and action for revocation -- SECTION 5 - ACTION FOR COMPENSATION FOR LICENCES ON THE BASIS OF ARTICLE 8 OF REGULATION (EU) No 1257/2012 -- Rule 80 - Compensation for a licence of right -- SECTION 6 - ACTION AGAINST DECISIONS OF THE EUROPEAN PATENT OFFICE IN CARRYING OUT THE TASKS REFERRED TO IN ARTICLE 9 OF REGULATION (EU) No 1257/2012 -- Rule 85 - Stages of the proceedings (ex parte proceedings) -- Rule 86 - Suspensive effect -- Rule 87 - Grounds for annulling or altering a decision of the Office Rule 88 - Application to annul or alter a decision of the Office -- Rule 89 - Examination as to formal requirements (ex parte proceedings) -- Rule 90 - Recording in the register (ex parte proceedings) -- Rule 91 - Interlocutory revision by the European Patent Office -- Rule 92 - Assignment to panel or to single judge, designation of judge-rapporteur -- Rule 93 - Examination of the Application to annul or alter a decision of the Office -- Rule 94 - Invitation to the President of the European Patent Office to comment -- Rule 95 - Lex specialis for the interim procedure (ex parte procedure) -- Rule 96 - Lex specialis for the oral procedure (ex parte procedure) -- Rule 97 - Application to annul a decision of the Office to reject a request for unitary effect -- Rule 98 - Costs -- CHAPTER 2 - INTERIM PROCEDURE -- Rule 101 - Role of the judge-rapporteur (Case management) -- Rule 102 - Referral to the panel -- Rule 103 - Preparation for the interim conference -- INTERIM CONFERENCE -- Rule 104 - Aim of the interim conference -- Rule 105 - Holding the interim conference -- Rule 106 - Recording of the interim conference -- PREPARATION FOR THE ORAL HEARING -- Rule 108 - Summons to the oral hearing -- Rule 109 - Simultaneous interpretation during oral hearings -- Rule 110 - Closure of the interim procedure -- CHAPTER 3 - ORAL PROCEDURE -- Rule 111 - Role of the presiding judge (Case management) -- Rule 112 - Conduct of the oral hearing -- Rule 113 - Duration of the oral hearing -- Rule 114 - Adjournment where the Court considers that further evidence is required -- Rule 115 - The oral hearing -- Rule 116 - Absence of a party from the oral hearing -- Rule 117 - Absence of both parties from the oral hearing -- Rule 118 - Decision on the merits -- Rule 119 - Interim award of damages -- CHAPTER 4 - PROCEDURE FOR THE DETERMINATION OF DAMAGES AND COMPENSATION. Rule 125 - Separate proceedings for determining the amount of damages ordered |
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| edition | 1st ed |
| format | Electronic eBook |
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Request for allocating a technically qualified judge -- Rule 58 - Closure of the written procedure subject to the possible exchange of further pleadings -- Rule 60 - Determination of the value-based fee for the Counterclaim for infringement -- SECTION 3 - ACTION FOR DECLARATION OF NON-INFRINGEMENT -- Rule 61 - Declaration of non-infringement -- Rule 62 - Exchange of written pleadings (action for declaration of non-infringement)</subfield></datafield><datafield tag="505" ind1="8" ind2=" "><subfield code="a">Rule 63 - Contents of the Statement for a declaration of non-infringement -- Rule 64 - Language of the Statement for a declaration of non-infringement -- Rule 65 - Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur -- Rule 66 - Preliminary objection -- Rule 67 - Lodging of the Defence to the Statement for a declaration of non-infringement -- Rule 68 - Contents of the Defence to the Statement for a declaration of non-infringement -- Rule 69 - Reply to Defence to the Statement for a declaration of non-infringement and Rejoinder to the Reply -- Rule 70 - Fee for the action for a declaration of non-infringement -- Rule 71 - Examination as to formal requirements and further schedule -- Rule 72 - Request for allocating a technically qualified judge -- Rule 73 - Closure of the written procedure subject to the possible exchange of further pleadings -- Rule 74 - Value-based fee for the action for a declaration of non-infringement -- SECTION 4 - ACTIONS WITHIN ARTICLE 33(5) AND (6) OF THE AGREEMENT -- Rule 75 - Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement) -- Rule 76 - Actions for declaration of non-infringement within Article 33(6) of the Agreement -- Rule 77 - Action for declaration of non-infringement and action for revocation -- SECTION 5 - ACTION FOR COMPENSATION FOR LICENCES ON THE BASIS OF ARTICLE 8 OF REGULATION (EU) No 1257/2012 -- Rule 80 - Compensation for a licence of right -- SECTION 6 - ACTION AGAINST DECISIONS OF THE EUROPEAN PATENT OFFICE IN CARRYING OUT THE TASKS REFERRED TO IN ARTICLE 9 OF REGULATION (EU) No 1257/2012 -- Rule 85 - Stages of the proceedings (ex parte proceedings) -- Rule 86 - Suspensive effect -- Rule 87 - Grounds for annulling or altering a decision of the Office</subfield></datafield><datafield tag="505" ind1="8" ind2=" "><subfield code="a">Rule 88 - Application to annul or alter a decision of the Office -- Rule 89 - Examination as to formal requirements (ex parte proceedings) -- Rule 90 - Recording in the register (ex parte proceedings) -- Rule 91 - Interlocutory revision by the European Patent Office -- Rule 92 - Assignment to panel or to single judge, designation of judge-rapporteur -- Rule 93 - Examination of the Application to annul or alter a decision of the Office -- Rule 94 - Invitation to the President of the European Patent Office to comment -- Rule 95 - Lex specialis for the interim procedure (ex parte procedure) -- Rule 96 - Lex specialis for the oral procedure (ex parte procedure) -- Rule 97 - Application to annul a decision of the Office to reject a request for unitary effect -- Rule 98 - Costs -- CHAPTER 2 - INTERIM PROCEDURE -- Rule 101 - Role of the judge-rapporteur (Case management) -- Rule 102 - Referral to the panel -- Rule 103 - Preparation for the interim conference -- INTERIM CONFERENCE -- Rule 104 - Aim of the interim conference -- Rule 105 - Holding the interim conference -- Rule 106 - Recording of the interim conference -- PREPARATION FOR THE ORAL HEARING -- Rule 108 - Summons to the oral hearing -- Rule 109 - Simultaneous interpretation during oral hearings -- Rule 110 - Closure of the interim procedure -- CHAPTER 3 - ORAL PROCEDURE -- Rule 111 - Role of the presiding judge (Case management) -- Rule 112 - Conduct of the oral hearing -- Rule 113 - Duration of the oral hearing -- Rule 114 - Adjournment where the Court considers that further evidence is required -- Rule 115 - The oral hearing -- Rule 116 - Absence of a party from the oral hearing -- Rule 117 - Absence of both parties from the oral hearing -- Rule 118 - 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| id | DE-604.BV048921585 |
| illustrated | Not Illustrated |
| index_date | 2024-07-03T21:55:17Z |
| indexdate | 2024-07-10T09:49:55Z |
| institution | BVB |
| isbn | 9789400112315 |
| language | English |
| oai_aleph_id | oai:aleph.bib-bvb.de:BVB01-034185676 |
| oclc_num | 1372398673 |
| open_access_boolean | |
| owner | DE-2070s |
| owner_facet | DE-2070s |
| physical | 1 Online-Ressource (178 Seiten) |
| psigel | ZDB-30-PQE ZDB-30-PQE HWR_PDA_PQE |
| publishDate | 2023 |
| publishDateSearch | 2023 |
| publishDateSort | 2023 |
| publisher | Boom Uitgevers Den Haag |
| record_format | marc |
| spelling | Maas, Wim Verfasser aut Unified Patent Court Rules of Procedure and Other Relevant Legal Texts 1st ed The Hague Boom Uitgevers Den Haag 2023 ©2023 1 Online-Ressource (178 Seiten) txt rdacontent c rdamedia cr rdacarrier Description based on publisher supplied metadata and other sources Intro -- Preface -- Table of Contents -- 1. Rules of Procedure of the Unified Patent Court -- PREAMBLE -- APPLICATION AND INTERPRETATION OF THE RULES -- Rule 1 - Application of the Rules and general principles of interpretation -- Rule 2 - Supplementary protection certificate -- Rule 3 - Power of staff of the Registry and a sub-registry to perform functions of the Registry -- Rule 4 - Lodging of documents -- Rule 5 - Lodging of an Application to opt out and withdrawal of an opt-out -- Rule 5A - Application to remove an unauthorised application to opt out or unauthorised withdrawal of an opt-out -- Rule 6 - Service and supply of orders, decisions, written pleadings and other documents -- Rule 7 - Language of written pleadings and written evidence -- Rule 8 - Party and party's representative -- Rule 9 - Powers of the Court -- PART 1 - PROCEDURES BEFORE THE COURT OF FIRST INSTANCE -- Rule 10 - Stages of the proceedings (inter partes proceedings) -- Rule 11 - Settlement -- CHAPTER 1 - WRITTEN PROCEDURE -- SECTION 1 - INFRINGEMENT ACTION -- Rule 12 - Exchange of written pleadings (infringement action) -- STATEMENT OF CLAIM -- Rule 13 - Contents of the Statement of claim -- Rule 14 - Use of languages under Article 49(1) and (2) of the Agreement -- Rule 15 - Fee for the infringement action -- Rule 16 - Examination as to formal requirements of the Statement of claim -- Rule 17 - Recording in the register and assignment (Court of First Instance, infringement action) -- Rule 18 - Designation of the judge-rapporteur -- PROCEDURE WHEN THE DEFENDANT RAISES A PRELIMINARY OBJECTION -- Rule 19 - Preliminary objection -- Rule 20 - Decision or order on a Preliminary objection -- Rule 21 - Appeal against decision or order on a Preliminary objection -- VALUE-BASED FEE FOR THE INFRINGEMENT ACTION. Rule 22 - Determination of value-based fee for the infringement action -- STATEMENT OF DEFENCE -- Rule 23 - Lodging of the Statement of defence -- Rule 24 - Contents of the Statement of defence -- Rule 25 - Counterclaim for revocation -- Rule 26 - Fee for the Counterclaim for revocation -- Rule 27 - Examination as to formal requirements of the Statement of defence and Counterclaim for revocation -- Rule 28 - Further schedule -- DEFENCE TO THE COUNTERCLAIM FOR REVOCATION, REPLY TO THE STATEMENT OF THE DEFENCE AND APPLICATION TO AMEND THE PATENT AND REJOINDER TO THE REPLY -- Rule 29 - Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of defence and Rejoinder to the Reply -- Rule 29A - Contents of the Defence to the Counterclaim -- Rule 30 - Application to amend the patent -- DEFENCE TO THE APPLICATION TO AMEND THE PATENT -- Rule 32 - Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply -- APPLICATION FOR ALLOCATING A TECHNICALLY QUALIFIED JUDGE TO THE PANEL -- Rule 33 - Application by a party for allocating a technically qualified judge -- Rule 34 - Request by the judge-rapporteur for allocating a technically qualified judge -- LAST STEPS IN THE WRITTEN PROCEDURE -- Rule 35 - Closure of the written procedure -- Rule 36 - Further exchanges of written pleadings -- Rule 37 - Application of Article 33(3) of the Agreement -- COUNTERCLAIM FOR REVOCATION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(B) OF THE AGREEMENT -- Rule 38 - Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement -- Rule 39 - Language of the proceedings before the central division -- Rule 40 - Accelerated proceedings before the central division ACTION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(C) OF THE AGREEMENT -- Rule 41 - Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement -- SECTION 2 - REVOCATION ACTION -- Rule 42 - Action to be directed against the patent proprietor -- Rule 43 - Exchange of written pleadings (revocation action) -- STATEMENT FOR REVOCATION -- Rule 44 - Contents of the Statement for revocation -- Rule 45 - Language of the Statement for revocation -- Rule 46 - Fee for the revocation action -- Rule 47 - Examination as to formal requirements, recording in the register, assignment (Court of First Instance, revocation action) and designation of the judge-rapporteur -- Rule 48 - Preliminary objection -- DEFENCE TO REVOCATION -- Rule 49 - Lodging of the Defence to revocation -- Rule 50 - Contents of the Defence to revocation and Counterclaim for infringement -- Rule 51 - Reply to Defence to revocation -- Rule 52 - Rejoinder to the Reply -- Rule 53 - Fee for the Counterclaim for infringement -- Rule 54 - Examination as to formal requirements and further schedule -- DEFENCE TO THE APPLICATION TO AMEND THE PATENT AND DEFENCE TO THE COUNTERCLAIM FOR INFRINGEMENT -- 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 56 - Lodging of the Defence to the Counterclaim for infringement -- Rule 57 - Request for allocating a technically qualified judge -- Rule 58 - Closure of the written procedure subject to the possible exchange of further pleadings -- Rule 60 - Determination of the value-based fee for the Counterclaim for infringement -- SECTION 3 - ACTION FOR DECLARATION OF NON-INFRINGEMENT -- Rule 61 - Declaration of non-infringement -- Rule 62 - Exchange of written pleadings (action for declaration of non-infringement) Rule 63 - Contents of the Statement for a declaration of non-infringement -- Rule 64 - Language of the Statement for a declaration of non-infringement -- Rule 65 - Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur -- Rule 66 - Preliminary objection -- Rule 67 - Lodging of the Defence to the Statement for a declaration of non-infringement -- Rule 68 - Contents of the Defence to the Statement for a declaration of non-infringement -- Rule 69 - Reply to Defence to the Statement for a declaration of non-infringement and Rejoinder to the Reply -- Rule 70 - Fee for the action for a declaration of non-infringement -- Rule 71 - Examination as to formal requirements and further schedule -- Rule 72 - Request for allocating a technically qualified judge -- Rule 73 - Closure of the written procedure subject to the possible exchange of further pleadings -- Rule 74 - Value-based fee for the action for a declaration of non-infringement -- SECTION 4 - ACTIONS WITHIN ARTICLE 33(5) AND (6) OF THE AGREEMENT -- Rule 75 - Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement) -- Rule 76 - Actions for declaration of non-infringement within Article 33(6) of the Agreement -- Rule 77 - Action for declaration of non-infringement and action for revocation -- SECTION 5 - ACTION FOR COMPENSATION FOR LICENCES ON THE BASIS OF ARTICLE 8 OF REGULATION (EU) No 1257/2012 -- Rule 80 - Compensation for a licence of right -- SECTION 6 - ACTION AGAINST DECISIONS OF THE EUROPEAN PATENT OFFICE IN CARRYING OUT THE TASKS REFERRED TO IN ARTICLE 9 OF REGULATION (EU) No 1257/2012 -- Rule 85 - Stages of the proceedings (ex parte proceedings) -- Rule 86 - Suspensive effect -- Rule 87 - Grounds for annulling or altering a decision of the Office Rule 88 - Application to annul or alter a decision of the Office -- Rule 89 - Examination as to formal requirements (ex parte proceedings) -- Rule 90 - Recording in the register (ex parte proceedings) -- Rule 91 - Interlocutory revision by the European Patent Office -- Rule 92 - Assignment to panel or to single judge, designation of judge-rapporteur -- Rule 93 - Examination of the Application to annul or alter a decision of the Office -- Rule 94 - Invitation to the President of the European Patent Office to comment -- Rule 95 - Lex specialis for the interim procedure (ex parte procedure) -- Rule 96 - Lex specialis for the oral procedure (ex parte procedure) -- Rule 97 - Application to annul a decision of the Office to reject a request for unitary effect -- Rule 98 - Costs -- CHAPTER 2 - INTERIM PROCEDURE -- Rule 101 - Role of the judge-rapporteur (Case management) -- Rule 102 - Referral to the panel -- Rule 103 - Preparation for the interim conference -- INTERIM CONFERENCE -- Rule 104 - Aim of the interim conference -- Rule 105 - Holding the interim conference -- Rule 106 - Recording of the interim conference -- PREPARATION FOR THE ORAL HEARING -- Rule 108 - Summons to the oral hearing -- Rule 109 - Simultaneous interpretation during oral hearings -- Rule 110 - Closure of the interim procedure -- CHAPTER 3 - ORAL PROCEDURE -- Rule 111 - Role of the presiding judge (Case management) -- Rule 112 - Conduct of the oral hearing -- Rule 113 - Duration of the oral hearing -- Rule 114 - Adjournment where the Court considers that further evidence is required -- Rule 115 - The oral hearing -- Rule 116 - Absence of a party from the oral hearing -- Rule 117 - Absence of both parties from the oral hearing -- Rule 118 - Decision on the merits -- Rule 119 - Interim award of damages -- CHAPTER 4 - PROCEDURE FOR THE DETERMINATION OF DAMAGES AND COMPENSATION. Rule 125 - Separate proceedings for determining the amount of damages ordered Erscheint auch als Druck-Ausgabe Maas, Wim Unified Patent Court The Hague : Boom Uitgevers Den Haag,c2023 9789462363502 |
| spellingShingle | Maas, Wim Unified Patent Court Rules of Procedure and Other Relevant Legal Texts Intro -- Preface -- Table of Contents -- 1. Rules of Procedure of the Unified Patent Court -- PREAMBLE -- APPLICATION AND INTERPRETATION OF THE RULES -- Rule 1 - Application of the Rules and general principles of interpretation -- Rule 2 - Supplementary protection certificate -- Rule 3 - Power of staff of the Registry and a sub-registry to perform functions of the Registry -- Rule 4 - Lodging of documents -- Rule 5 - Lodging of an Application to opt out and withdrawal of an opt-out -- Rule 5A - Application to remove an unauthorised application to opt out or unauthorised withdrawal of an opt-out -- Rule 6 - Service and supply of orders, decisions, written pleadings and other documents -- Rule 7 - Language of written pleadings and written evidence -- Rule 8 - Party and party's representative -- Rule 9 - Powers of the Court -- PART 1 - PROCEDURES BEFORE THE COURT OF FIRST INSTANCE -- Rule 10 - Stages of the proceedings (inter partes proceedings) -- Rule 11 - Settlement -- CHAPTER 1 - WRITTEN PROCEDURE -- SECTION 1 - INFRINGEMENT ACTION -- Rule 12 - Exchange of written pleadings (infringement action) -- STATEMENT OF CLAIM -- Rule 13 - Contents of the Statement of claim -- Rule 14 - Use of languages under Article 49(1) and (2) of the Agreement -- Rule 15 - Fee for the infringement action -- Rule 16 - Examination as to formal requirements of the Statement of claim -- Rule 17 - Recording in the register and assignment (Court of First Instance, infringement action) -- Rule 18 - Designation of the judge-rapporteur -- PROCEDURE WHEN THE DEFENDANT RAISES A PRELIMINARY OBJECTION -- Rule 19 - Preliminary objection -- Rule 20 - Decision or order on a Preliminary objection -- Rule 21 - Appeal against decision or order on a Preliminary objection -- VALUE-BASED FEE FOR THE INFRINGEMENT ACTION. Rule 22 - Determination of value-based fee for the infringement action -- STATEMENT OF DEFENCE -- Rule 23 - Lodging of the Statement of defence -- Rule 24 - Contents of the Statement of defence -- Rule 25 - Counterclaim for revocation -- Rule 26 - Fee for the Counterclaim for revocation -- Rule 27 - Examination as to formal requirements of the Statement of defence and Counterclaim for revocation -- Rule 28 - Further schedule -- DEFENCE TO THE COUNTERCLAIM FOR REVOCATION, REPLY TO THE STATEMENT OF THE DEFENCE AND APPLICATION TO AMEND THE PATENT AND REJOINDER TO THE REPLY -- Rule 29 - Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of defence and Rejoinder to the Reply -- Rule 29A - Contents of the Defence to the Counterclaim -- Rule 30 - Application to amend the patent -- DEFENCE TO THE APPLICATION TO AMEND THE PATENT -- Rule 32 - Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply -- APPLICATION FOR ALLOCATING A TECHNICALLY QUALIFIED JUDGE TO THE PANEL -- Rule 33 - Application by a party for allocating a technically qualified judge -- Rule 34 - Request by the judge-rapporteur for allocating a technically qualified judge -- LAST STEPS IN THE WRITTEN PROCEDURE -- Rule 35 - Closure of the written procedure -- Rule 36 - Further exchanges of written pleadings -- Rule 37 - Application of Article 33(3) of the Agreement -- COUNTERCLAIM FOR REVOCATION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(B) OF THE AGREEMENT -- Rule 38 - Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement -- Rule 39 - Language of the proceedings before the central division -- Rule 40 - Accelerated proceedings before the central division ACTION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(C) OF THE AGREEMENT -- Rule 41 - Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement -- SECTION 2 - REVOCATION ACTION -- Rule 42 - Action to be directed against the patent proprietor -- Rule 43 - Exchange of written pleadings (revocation action) -- STATEMENT FOR REVOCATION -- Rule 44 - Contents of the Statement for revocation -- Rule 45 - Language of the Statement for revocation -- Rule 46 - Fee for the revocation action -- Rule 47 - Examination as to formal requirements, recording in the register, assignment (Court of First Instance, revocation action) and designation of the judge-rapporteur -- Rule 48 - Preliminary objection -- DEFENCE TO REVOCATION -- Rule 49 - Lodging of the Defence to revocation -- Rule 50 - Contents of the Defence to revocation and Counterclaim for infringement -- Rule 51 - Reply to Defence to revocation -- Rule 52 - Rejoinder to the Reply -- Rule 53 - Fee for the Counterclaim for infringement -- Rule 54 - Examination as to formal requirements and further schedule -- DEFENCE TO THE APPLICATION TO AMEND THE PATENT AND DEFENCE TO THE COUNTERCLAIM FOR INFRINGEMENT -- 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 56 - Lodging of the Defence to the Counterclaim for infringement -- Rule 57 - Request for allocating a technically qualified judge -- Rule 58 - Closure of the written procedure subject to the possible exchange of further pleadings -- Rule 60 - Determination of the value-based fee for the Counterclaim for infringement -- SECTION 3 - ACTION FOR DECLARATION OF NON-INFRINGEMENT -- Rule 61 - Declaration of non-infringement -- Rule 62 - Exchange of written pleadings (action for declaration of non-infringement) Rule 63 - Contents of the Statement for a declaration of non-infringement -- Rule 64 - Language of the Statement for a declaration of non-infringement -- Rule 65 - Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur -- Rule 66 - Preliminary objection -- Rule 67 - Lodging of the Defence to the Statement for a declaration of non-infringement -- Rule 68 - Contents of the Defence to the Statement for a declaration of non-infringement -- Rule 69 - Reply to Defence to the Statement for a declaration of non-infringement and Rejoinder to the Reply -- Rule 70 - Fee for the action for a declaration of non-infringement -- Rule 71 - Examination as to formal requirements and further schedule -- Rule 72 - Request for allocating a technically qualified judge -- Rule 73 - Closure of the written procedure subject to the possible exchange of further pleadings -- Rule 74 - Value-based fee for the action for a declaration of non-infringement -- SECTION 4 - ACTIONS WITHIN ARTICLE 33(5) AND (6) OF THE AGREEMENT -- Rule 75 - Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement) -- Rule 76 - Actions for declaration of non-infringement within Article 33(6) of the Agreement -- Rule 77 - Action for declaration of non-infringement and action for revocation -- SECTION 5 - ACTION FOR COMPENSATION FOR LICENCES ON THE BASIS OF ARTICLE 8 OF REGULATION (EU) No 1257/2012 -- Rule 80 - Compensation for a licence of right -- SECTION 6 - ACTION AGAINST DECISIONS OF THE EUROPEAN PATENT OFFICE IN CARRYING OUT THE TASKS REFERRED TO IN ARTICLE 9 OF REGULATION (EU) No 1257/2012 -- Rule 85 - Stages of the proceedings (ex parte proceedings) -- Rule 86 - Suspensive effect -- Rule 87 - Grounds for annulling or altering a decision of the Office Rule 88 - Application to annul or alter a decision of the Office -- Rule 89 - Examination as to formal requirements (ex parte proceedings) -- Rule 90 - Recording in the register (ex parte proceedings) -- Rule 91 - Interlocutory revision by the European Patent Office -- Rule 92 - Assignment to panel or to single judge, designation of judge-rapporteur -- Rule 93 - Examination of the Application to annul or alter a decision of the Office -- Rule 94 - Invitation to the President of the European Patent Office to comment -- Rule 95 - Lex specialis for the interim procedure (ex parte procedure) -- Rule 96 - Lex specialis for the oral procedure (ex parte procedure) -- Rule 97 - Application to annul a decision of the Office to reject a request for unitary effect -- Rule 98 - Costs -- CHAPTER 2 - INTERIM PROCEDURE -- Rule 101 - Role of the judge-rapporteur (Case management) -- Rule 102 - Referral to the panel -- Rule 103 - Preparation for the interim conference -- INTERIM CONFERENCE -- Rule 104 - Aim of the interim conference -- Rule 105 - Holding the interim conference -- Rule 106 - Recording of the interim conference -- PREPARATION FOR THE ORAL HEARING -- Rule 108 - Summons to the oral hearing -- Rule 109 - Simultaneous interpretation during oral hearings -- Rule 110 - Closure of the interim procedure -- CHAPTER 3 - ORAL PROCEDURE -- Rule 111 - Role of the presiding judge (Case management) -- Rule 112 - Conduct of the oral hearing -- Rule 113 - Duration of the oral hearing -- Rule 114 - Adjournment where the Court considers that further evidence is required -- Rule 115 - The oral hearing -- Rule 116 - Absence of a party from the oral hearing -- Rule 117 - Absence of both parties from the oral hearing -- Rule 118 - Decision on the merits -- Rule 119 - Interim award of damages -- CHAPTER 4 - PROCEDURE FOR THE DETERMINATION OF DAMAGES AND COMPENSATION. Rule 125 - Separate proceedings for determining the amount of damages ordered |
| title | Unified Patent Court Rules of Procedure and Other Relevant Legal Texts |
| title_auth | Unified Patent Court Rules of Procedure and Other Relevant Legal Texts |
| title_exact_search | Unified Patent Court Rules of Procedure and Other Relevant Legal Texts |
| title_exact_search_txtP | Unified Patent Court Rules of Procedure and Other Relevant Legal Texts |
| title_full | Unified Patent Court Rules of Procedure and Other Relevant Legal Texts |
| title_fullStr | Unified Patent Court Rules of Procedure and Other Relevant Legal Texts |
| title_full_unstemmed | Unified Patent Court Rules of Procedure and Other Relevant Legal Texts |
| title_short | Unified Patent Court |
| title_sort | unified patent court rules of procedure and other relevant legal texts |
| title_sub | Rules of Procedure and Other Relevant Legal Texts |
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