The unitary patent and the Unified Patent Court / authors, Pieter Callens, Sam Granata.
2017
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Title
The unitary patent and the Unified Patent Court / authors, Pieter Callens, Sam Granata.
Added Author
Imprint
[Alphen aan den Rijn, the Netherlands] : Kluwer Law International, 2017.
Description
1 online resource (xxii, 379 pages)
Formatted Contents Note
History of the EU patent title
Legal instruments for unitary patent protection
Legal challenges against the unitary patent regulation and the translation regulation
Accession of Italy to the enhanced cooperation
The unitary patent
Language regime of the Unitary Patent
Legal status of the UPCA and the Unified Patent Court
Structure of the court
Composition of the different divisions of the court
The judges of the court
Jurisdiction and competence
Sources of law and substantive law
Organisation of proceedings
Finance of the court
Implementation and operation of the UPCA
Unified Patent Court website and case management system
The rules of procedure of the Unified Patent Court. Introduction
Preamble
Application and interpretation of the rules of procedure
(Part 1) Procedures before the Court of First Instance (rules 10-159): stages of the proceeding (inter partes proceedings)
(Part 2) Evidence (rules 170-202)
(Part 3) Provisional measures (summary proceedings) (rules 205-213)
(Part 4) Procedures before the Court of Appeal (rules 220-254)
(Part 5) General provisions
(Part 6) Fees and legal aid (rules 370-382).
Legal instruments for unitary patent protection
Legal challenges against the unitary patent regulation and the translation regulation
Accession of Italy to the enhanced cooperation
The unitary patent
Language regime of the Unitary Patent
Legal status of the UPCA and the Unified Patent Court
Structure of the court
Composition of the different divisions of the court
The judges of the court
Jurisdiction and competence
Sources of law and substantive law
Organisation of proceedings
Finance of the court
Implementation and operation of the UPCA
Unified Patent Court website and case management system
The rules of procedure of the Unified Patent Court. Introduction
Preamble
Application and interpretation of the rules of procedure
(Part 1) Procedures before the Court of First Instance (rules 10-159): stages of the proceeding (inter partes proceedings)
(Part 2) Evidence (rules 170-202)
(Part 3) Provisional measures (summary proceedings) (rules 205-213)
(Part 4) Procedures before the Court of Appeal (rules 220-254)
(Part 5) General provisions
(Part 6) Fees and legal aid (rules 370-382).
Summary
The Unitary Patent and the Unified Patent Court' 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.
Bibliography, etc. Note
Includes bibliographical references.
Source of Description
Title from home page (Kluwer IP law, viewed October 3, 2017).
Access Note
Access restricted to subscribing institutions.
Linked Resources
Alternate Title
Kluwer IP Law.
Language
English
ISBN
9789041159380
904115938X
904115938X
Record Appears in