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Introduction to the Unitary Patent and the Unified Patent Court : The (Draft) Rules of Procedure of the Unified Patent Court / Pieter Callens, Sam Granata.
2013
G 941 CAL.I
Available at WIPO Library
Items
Details
Title
Introduction to the Unitary Patent and the Unified Patent Court : The (Draft) Rules of Procedure of the Unified Patent Court / Pieter Callens, Sam Granata.
Item Type
Book
Description
xxi. 298 pages ; 24 cm
ISBN
9789041147578
Alternate Call Number
G 941 CAL.I
Summary
The long-awaited European Unitary Patent and Unified Patent Court will soon become a reality. Companies, research institutions, and individuals will be able to obtain not only a patent title with immediate effect in 25 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. Everybody involved in European patenting will find enormously welcome guidance in this extraordinary book. Written by two outstanding intellectual property experts – one being a lawyer who had a hand in the development of the unitary patent and the other being a reputed Belgian intellectual property judge – it describes in detail all the provisions regarding the new patent and the new court, explaining their rationales and the processes that led to them. Although the Rules of Procedure of the Unified Patent Court still need to be finalized and adopted by the Court, the authors already unravel the proposed Draft Rules of Procedure. The book uses flowcharts as well as plain words to represent each procedural stage of the Draft Rules of Procedure. In this way, a practitioner can focus on each distinct stage as required, while also gaining a comprehensive overview of the proceedings. The complex language issues arising throughout the proceedings are analysed in detail in a supplementary part. 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 will ensure the most effective practice as this new regime begins. For legal scholars, the book offers the opportunity to analyse, criticize, elaborate, and where necessary improve the current Draft Rules of Procedure of the Unified Patent Court before they are finalized, and advise the governments of the participating Member States on how to implement the new court system in their country.
Formatted Contents Note
The Unitary Patent
Chapter 1: History of the EU Patent Title.
Chapter 2: Legal Instruments for Unitary Patent Protection.
Chapter 3: Unitary Patent.
Chapter 4: Translation Regime of the Unitary Patent.
The Unified Patent Court
Chapter 1: Legal Status of the Agreement and the Unified Patent Court.
Chapter 2: Structure of the Court.
Chapter 3: Composition of the Different Divisions of the Court.
Chapter 4: The Judges of the Court.
Chapter 5: Jurisdiction and Competence.
Chapter 6: Sources of Law and Substantive Law.
Chapter 7: Organisation of Proceedings.
Chapter 8: Court Finances.
Chapter 9: Implementation and Operation of the Agreement.
The (Draft) Rules of Procedure of The Unified Patent Court.
PART 1: Procedures before The Court of First Instance. Stages of the Proceeding (Inter Partes Proceedings).
Chapter 1: Written Procedure
Chapter 2: Interim Procedure
Chapter 3: Oral Procedure
Chapter 4: Procedures for the Determination of Damages and Compensation
Chapter 5: Procedure for Cost Orders
PART 2: Evidence
Chapter 1: Witnesses and Experts of the Parties
Chapter 2: Court Experts
Chapter 3: Order to Produce Evidence and Communicate Information
Chapter 4: Order to Preserve Evidence and Order for Inspection
Chapter 5: Other Evidence
PART 3: Provisional Measures (Summary Proceedings)
PART 4: Procedures before Court of Appeal
Chapter 1: Written Procedure
Chapters 1–3: Written Procedure upon Admissibility of Statement of Grounds of Appeals/Interim Procedure/Oral Procedure
Chapter 4: Decisions and Effects of Decisions
Chapter 5: Procedure for Application for Rehearing
PART 5: General Provisions
Chapter 1: General Procedural Provisions
Chapter 2: Service
Chapter 3: Rights and Obligations of Representatives
Chapter 4: Stay of Proceedings
Chapter 5: Time Periods
Chapter 6: Parties to Proceedings
Chapter 7: Miscellaneous Provisions on Languages
Chapter 8: Case Management
Chapter 9: Rules Relating to the Organisation of the Court
Chapter 10: Decisions and Orders
Chapter 11: Decision by Default
Chapter 12: Actions Bound to Fail or Manifestly Inadmissible
Chapter 13: Settlement
PART 6: Fees and Legal Aid
Chapter 1: Court Fees
Chapter 2: Legal Aid.
Chapter 1: History of the EU Patent Title.
Chapter 2: Legal Instruments for Unitary Patent Protection.
Chapter 3: Unitary Patent.
Chapter 4: Translation Regime of the Unitary Patent.
The Unified Patent Court
Chapter 1: Legal Status of the Agreement and the Unified Patent Court.
Chapter 2: Structure of the Court.
Chapter 3: Composition of the Different Divisions of the Court.
Chapter 4: The Judges of the Court.
Chapter 5: Jurisdiction and Competence.
Chapter 6: Sources of Law and Substantive Law.
Chapter 7: Organisation of Proceedings.
Chapter 8: Court Finances.
Chapter 9: Implementation and Operation of the Agreement.
The (Draft) Rules of Procedure of The Unified Patent Court.
PART 1: Procedures before The Court of First Instance. Stages of the Proceeding (Inter Partes Proceedings).
Chapter 1: Written Procedure
Chapter 2: Interim Procedure
Chapter 3: Oral Procedure
Chapter 4: Procedures for the Determination of Damages and Compensation
Chapter 5: Procedure for Cost Orders
PART 2: Evidence
Chapter 1: Witnesses and Experts of the Parties
Chapter 2: Court Experts
Chapter 3: Order to Produce Evidence and Communicate Information
Chapter 4: Order to Preserve Evidence and Order for Inspection
Chapter 5: Other Evidence
PART 3: Provisional Measures (Summary Proceedings)
PART 4: Procedures before Court of Appeal
Chapter 1: Written Procedure
Chapters 1–3: Written Procedure upon Admissibility of Statement of Grounds of Appeals/Interim Procedure/Oral Procedure
Chapter 4: Decisions and Effects of Decisions
Chapter 5: Procedure for Application for Rehearing
PART 5: General Provisions
Chapter 1: General Procedural Provisions
Chapter 2: Service
Chapter 3: Rights and Obligations of Representatives
Chapter 4: Stay of Proceedings
Chapter 5: Time Periods
Chapter 6: Parties to Proceedings
Chapter 7: Miscellaneous Provisions on Languages
Chapter 8: Case Management
Chapter 9: Rules Relating to the Organisation of the Court
Chapter 10: Decisions and Orders
Chapter 11: Decision by Default
Chapter 12: Actions Bound to Fail or Manifestly Inadmissible
Chapter 13: Settlement
PART 6: Fees and Legal Aid
Chapter 1: Court Fees
Chapter 2: Legal Aid.
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Published
Alphen aan den Rijn, The Netherlands : Kluwer Law International, 2013.
Language
English
Record Appears in
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