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The changing boundaries of resistance: the UPC and France in Cameroonian history and memory

Thomas Sharp

in Francophone Africa at fifty

Published in print:
2013
Published Online:
May 2019
ISBN:
9780719089305
eISBN:
9781526135858
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719089305.003.0013
Subject:
History, Imperialism and Colonialism

Thomas Sharp elaborates on the case of the Union des Populations du Cameroun (UPC), which became an underground guerilla movement in Cameroon after 1955. The UPC attempted in this period and well ... More


Secrecy of deliberations

Peter Tochtermann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0183
Subject:
Law, Intellectual Property, IT, and Media Law

The secrecy of deliberations is a principle of high importance within the UPC system. Accordingly, the oath taken by the judges refers to the secrecy of deliberations (Art 6 UPC Statute). First and ... More


Questions referred to the Court of Justice of the European Union

Peter Tochtermann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0187
Subject:
Law, Intellectual Property, IT, and Media Law

A referral for a preliminary ruling according to Art 21 UPCA and Art 267 TFEU is of the utmost importance to the UPC (→ Art 21 UPCA) as the UPC is a common court of the CMSs and is therefore bound ... More


Compensation for costs of interpreters and translators

Clemens Plassmann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0334
Subject:
Law, Intellectual Property, IT, and Media Law

The compensation for costs of interpreters shall be the rates that are customary in the country of the division in question, depending on the interpreter’s training and professional experience.


Rule 267 Actions pursuant to Article 22 of the Agreement

Andreas von Falck and Christian Stoll

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0436
Subject:
Law, Intellectual Property, IT, and Media Law

Where an action for damages has been brought against a Contracting Member State pursuant to Article 22 of the Agreement the President of the Court of Appeal shall as soon as practicable following a ... More


Litigation privilege

Winfried Tilmann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0456
Subject:
Law, Intellectual Property, IT, and Media Law

Where a client, or a lawyer or patent attorney as specified in Rule 87.1, .2, .6 and .7 instructed by a client in a professional capacity, communicates confidentially with a third party for the ... More


Eligibility of judges

Peter Tochtermann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0145
Subject:
Law, Intellectual Property, IT, and Media Law

Art 19 UPCA provides for a training framework which was included in the Agreement to help to improve the competence of judges and to ensure that knowledge of patent law and the UPC system is widely ... More


Precedence

Martin Chakraborty and Verena Dormann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0505
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 341 governs the precedence of the judges within the UPC. The precedence does not affect the competence or the weight of the vote. The vote of every judge has the same weight; only in the case ... More


Rule 260 Examination by the Registry of its own motion

Andreas von Falck and Christian Stoll

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0428
Subject:
Law, Intellectual Property, IT, and Media Law

Where the Registry notes that two or more actions concerning the same patent or patents are initiated before several divisions (whether or not between the same parties), it shall as soon as ... More


Letters rogatory

Hans-Jürgen Ahrens

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0373
Subject:
Law, Intellectual Property, IT, and Media Law

The Court may, of its own motion, but only after hearing the parties, or on a reasoned request by a party, issue letters rogatory for the production of documents or the hearing of witnesses or ... More


Competence of the Court

Winfried Tilmann and Tilmann Büttner

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0074
Subject:
Law, Intellectual Property, IT, and Media Law

By Art 32 UPCA, the CMSs established the jurisdiction of the UPC in the relationship between themselves and the UPC. They transferred jurisdiction to the UPC, excluding the jurisdiction of their ... More


Decision by default (Court of First Instance)

Martin Chakraborty and Verena Dormann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0518
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 355 allows the UPC to issue decisions by default. This provides a means for the UPC to enforce the parties’ duty to promote the proceedings as it prevents parties from blocking the proceedings ... More


Settlement

Peter Tochtermann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0201
Subject:
Law, Intellectual Property, IT, and Media Law

The CMSs have given a strong mandate to the UPC to resolve disputes pending before the Court amicably. This is expressed by the decision to set up a Patent Mediation and Arbitration Centre (→ Art ... More


Insolvency of a party

Clemens Plassmann and Stephan Dorn

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0478
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 311 concerns the consequences of national insolvency proceedings on the assets of a party in proceedings before the UPC. The national insolvency laws of the CMSs are not changed by the UPCA or ... More


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