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Preliminary remarks on Rules 85–98

Markus Kuczera

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/9780198755463.003.0274
Subject:
Law, Intellectual Property, IT, and Media Law

The following Rules 85–98 UPCARoP form a separate sixth section in Chapter 1 of Part 1 of the Rules of Procedure. This reflects the fact that these Rules relate to a special type of action which ... More


Rule 85: Stages of the proceedings (ex parte proceedings)

Markus Kuczera

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/9780198755463.003.0275
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 85.1 applies to all actions against decisions of the EPO in the context of Art 9 EPUE Reg—except for proceedings dealing with an EPO decision not to grant a request for unitary effect of an ... More


Death or demise 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/9780198755463.003.0477
Subject:
Law, Intellectual Property, IT, and Media Law

When that occurs, the proceedings cannot simply be continued. In the event of death, all rights and obligations concerning heritage pass to the heir. In the event of the demise of a party (eg a ... More


Rule 111 Role of the presiding judge (Case management)

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/9780198755463.003.0300
Subject:
Law, Intellectual Property, IT, and Media Law

In managing the action, the presiding judge has to apply the general principles of case management set out in Rule 332 with the competences set out in Rule 334. The presiding judge may—as with the ... More


Rule 113 Duration of the oral hearing

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/9780198755463.003.0302
Subject:
Law, Intellectual Property, IT, and Media Law

Pursuant to Rule 113, the oral hearing must be completed within one day except, of course, if the oral hearing has been scheduled for more than one day in order to hold an interim conference (Rule ... More


Fee for the Application for the determination of damages

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/9780198755463.003.0314
Subject:
Law, Intellectual Property, IT, and Media Law

The applicant shall pay the fixed fee and, where applicable, the value based fee for the determination of damages in accordance with Part 6. Rule 15.2 shall apply mutatis mutandis.


Rule 228 Fee for the appeal

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/9780198755463.003.0393
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 228 UPCARoP specifies in more detail for the appeal the obligation of the parties to the proceedings, stipulated in Art 70 UPCA, to pay Court fees by imposing on the appellant the obligation ... More


The Budget Committee

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/9780198755463.003.0051
Subject:
Law, Intellectual Property, IT, and Media Law

Having an independent legal personality, the Court needs an entity which controls and supervises the budget. The most important decision the Budget Committee must take is the adoption of the budget ... More


Varying or revoking orders

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/9780198755463.003.0500
Subject:
Law, Intellectual Property, IT, and Media Law

Variations or revocations by the judge rapporteur or the presiding judge themselves of case management orders constitute orders within the meaning of Rule 333. The Court in turn also has the power ... More


Orders of the Court’s own motion

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/9780198755463.003.0502
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 337 ensures the parties’ right to be heard where the Court wishes to issue a case management order of its own motion. For the specific conduct of the hearing, refer to the commentary on Rule ... More


Orders

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/9780198755463.003.0513
Subject:
Law, Intellectual Property, IT, and Media Law

Following Rule 350, Rule 351 sets out the formal minimum requirements to be met by a judicial order outside a decision. These conditions are distinguished by whether the Court, pursuant to the ... More


Action manifestly bound to fail

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/9780198755463.003.0523
Subject:
Law, Intellectual Property, IT, and Media Law

Where it is clear that the Court has no jurisdiction to take cognisance of an action or of certain of the claims therein or where the action or defence is, in whole or in part, manifestly ... More


Absolute bar to proceeding with an action

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/9780198755463.003.0524
Subject:
Law, Intellectual Property, IT, and Media Law

The Court may at any time, on the application of a party or of its own motion, after giving the parties an opportunity to be heard, decide that there exists an absolute bar to proceeding with an ... More


Orders dismissing manifestly inadmissible claims

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/9780198755463.003.0525
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 363 UPCARoP applies to all measures pursuant to Rules 360, 361, and 362 and clarifies that all these measures are given by way of order. Furthermore, para 2 of the provision permits an appeal ... More


Type of proof

Miriam Gundt

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/9780198755463.003.0538
Subject:
Law, Intellectual Property, IT, and Media Law

To be admissible, the application must contain a statement of the facts and legal situation, with specific mention of the evidence to be presented. The application must also contain a statement ... More


Withdrawal of legal aid

Miriam Gundt

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/9780198755463.003.0541
Subject:
Law, Intellectual Property, IT, and Media Law

Pursuant to para 1, the Court can withdraw legal aid at any time if the applicant’s economic situation alters during the proceedings. The applicant must be heard beforehand.


Recovery

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/9780198755463.003.0543
Subject:
Law, Intellectual Property, IT, and Media Law

If an applicant has succeeded in the proceedings and the Court has ordered the opposing party or another party (other than the applicant) to refund the cost of legal aid granted to the applicant ... More


Fee for the Counterclaim for revocation

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/9780198755463.003.0217
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 26 UPCARoP specifies in more detail for the Counterclaim for revocation the obligation of the parties to the proceedings, stipulated in Art 70 UPCA, to pay Court fees by imposing on the ... More


Rule 60: Value-based fee for the dispute including the Counterclaim for infringement

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/9780198755463.003.0251
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 60 defines the procedure for determining the case value of the case consisting of a revocation claim and an infringement counterclaim and provides that the defendant must pay a value-based fee ... More


Rule 65: Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur

Andreas von Falck 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/9780198755463.003.0257
Subject:
Law, Intellectual Property, IT, and Media Law

Pursuant to Rule 16.1 UPCARoP, the Registry first examines whether there is an opt-out for the patent in suit. If the patent proprietor declared an opt-out, the Registry immediately informs the ... More


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