This book discusses the legal texts regarding the unitary patent and the Unified Patent Court (UPC). In 2013, twenty-five Member States of the European Union decided to take European patenting and patent enforcement to the next level. They agreed on a common patent title and a common patent court, i.e., the new unitary patent and the UPC. However, the implementation phase of the new patent package was a bumpy ride. Non-participating member states attacked the legal texts before the European Court of Justice, the Rules of Procedure of the UPC were subject to extensive debates, the Brexit referendum slowed down the ratification process, etc. Nevertheless, the unitary patent package survived. The exact date when the UPC will open its doors and the first unitary patent will be registered is still unclear. But observers agree that both projects will most likely become operational in 2018. From that moment on, companies, research institutions and individuals will be able to obtain not only a patent title with immediate effect in twenty-five 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.-- Source other than Library of Congress.
Bibliography, etc. Note
Includes bibliographical references and index
Formatted Contents Note
Foreword Introduction The Unitary Patent Chapter I: History of the EU Patent Title Chapter II: Legal Instruments for Unitary Patent Protection Chapter III: Legal Challenges against the Unitary Patent Regulation and the Translation Regulation Chapter IV: Accession of Italy to the Enhanced Cooperation Chapter V: The Unitary Patent Chapter VI: Language Regime of the Unitary Patent The Unified Patent Court Chapter I: Legal Status of the UPCA and the Unified Patent Court Chapter II: Structure of the Court Chapter III: Composition of the Different Divisions of the Court Chapter IV: The Judges of the Court Chapter V: Jurisdiction and Competence Chapter VI: Sources of Law and Substantive Law Chapter VII: Organisation of Proceedings Chapter VIII: Finance of the Court Chapter IX: Implementation and Operation of the UPCA Chapter X: Unified Patent Court Website and Case Management System The Rules of Procedure of the Unified Patent Court Chapter I: Introduction Chapter II: Preamble Chapter III: Application and Interpretation of the Rules of Procedure Chapter IV: (Part 1) Procedures before the Court of First Instance (Rules 10–159): Stages of the Proceeding (inter partes proceedings) Chapter V: (Part 2) Evidence (Rules 170–202) A. (Chapter 1) Witnesses and experts of the parties (Rules 175–181) B. (Chapter 2) Court experts (Rules 185–188) C. (Chapter 3) Order to produce evidence and communicate information (Rules 190–191) D. (Chapter 4) Order to preserve evidence (saisie) and order for inspection (Rules 192–199) E. (Chapter 5) Other evidence (Rules 200–204) Chapter VI: (Part 3) Provisional Measures (summary proceedings) (Rules 205–213) Chapter VII: (Part 4) Procedures before the Court of Appeal (Rules 220–254) Chapter VIII: (Part 5) General Provisions A. (Chapter 1) General procedural provisions (Rules 260–266) B. (Chapter 2) Service (Rules 270–279) C. (Chapter 3) Rights and Obligations of Representatives (Rules 284–293) D. (Chapter 4) Stay of Proceedings (Rules 295–298) E. (Chapter 5) Time periods (Rules 300–301) F. (Chapter 6) Parties to proceedings (Rules 302–320) G. (Chapter 7) Miscellaneous provisions on languages (Rules 321–324) H. (Chapter 8) Case management (Rules 331–340) I. (Chapter 9) Rules relating to the organisation of the Court (Rules 341– 346) J. (Chapter 10) Decisions and orders (Rules 350–354) K. (Chapter 11) Decision by default (Rules 355–357) L. (Chapter 12) Actions bound to fail or manifestly inadmissible (Rules 360–363) M. (Chapter 13) Settlement (Rule 365) Chapter IX: (Part 6) Fees and Legal Aid (Rules 370–382)