European Patent Litigators Association

News

Constitutional Complaint successful – UPCA on further hold

Today, the German Constitutional Court has handed down its decision in the case of the complaint against the Act of Approval to the Agreement on a Unified Patent Court. The reason for the decision is that the Act amends the German Constitution in substantive terms but has not been approved by the Bundestag with the two-thirds required majority. This is another setback for the project of the...

The UK will not be part of the UPC

EPLIT has learned that the UK government intends to stop its cooperation towards the creation of the Unified Patent Court. EPLIT considers this to be a regrettable development and remains committed to support the establishment of a pan-European court for adjudicating patent disputes. Ideally, such court would have jurisdiction not only for EU states but also for other European countries...

Rules of Procedure of the Board of Appeal – in force from 1 January 2020

The new Rules of Procedure of the BoA have been approved by the Administrative Council on at its 160th meeting on 26 and 27 June 2019. The adopted version essentially remained unchanged as compared to the draft which formed basis of a user hearing last December. However, Rule 12(7) has been slightly amended. According to the draft an extension of the 4-months period to file a written reply in...

UPC Judicial Recruitment – 2019 Top-up Campaign now open

Following the major recruitment campaign in 2016 for judicial positions (both legal and technical) of the UPC, the Preparatory Committee has agreed to re-open recruitment for judicial positions to new applications. Given it has been three years since the last campaign, it is now right to call for new applications. This will allow those that were not eligible or decided not to apply three years...

Survey relating to the dress code for representatives before the UPC

The draft Code of Conduct adopted by the UPC Preparatory Committee mentions a dress code as follows: “Finally, we note that once decided for the judges, some provision on the dress code for Representatives should be added to avoid possible discrimination.“ We have been told that a blue robe as a dress code for the judges has been proposed. Please click here for a short...

List of international courses for the European Patent Litigation Certificate (EPLC)

The following international courses are set up to comply with the requirements of Rule 3 of the Rules on the EPLC, see here.

Rule 12 of the Rules on the EPLC contains a list of courses which provide an appropriate qualification for obtaining an EPLC in the transitional period, i.e. during a period of one year from the entry into force of the UPCA, see here.

EPLIT’s Letter on Ratification of the UPC Agreement to the Competitiveness Council

Today EPLIT has sent a letter to Ministers and others involved in the Competitiveness Council. A meeting of this Council will take place early next week. With this letter, EPLIT urges: the governments of those Signatory States to the UPCA that have not ratified the Protocol on Provisional Application to do so as soon as possible in order to ensure a speedy entry into operation of the UPC and the...

EPLIT comments to the complaint filed with the German Constitutional Court

Together with organizations such as EPLAW, GRUR and DAV (Deutscher AnwaltsVerein), EPLIT was invited to provide comments to the complaint filed with the German Constitutional Court (Bundesverfassungsgericht) concerning the Unified Patent Court Agreement. EPLIT has worked with Dr Bracher, a lawyer specialized in German constitutional law of the firm Redeker Sellner Dahs, to prepare a submission...

European Patent Litigators Association