A Practitioner's Guide to the Unified Patent Court and Unitary Patent

ISBN-13: 9781849467827 / Angielski / Twarda / 2023 / 336 str.

Paul England

Opis

The Unified Patent Court (UPC) will enable parties to enforce or revoke European patents, and the new European patent with unitary effect (Unitary Patent), in a single court system. The court brings its own procedure, as well as rules on competence, jurisdiction, language and substantive law. The UPC will operate alongside the existing system of national courts, which will continue to hear disputes about national patents and, in certain circumstances, European patents. The European Patent Office opposition procedure will also continue to be a feature of European patent litigation. A Practitioner's Guide to the Unified Patent Court is written by a team of judges and lawyers with many years of experience in patent litigation in France, Germany, The Netherlands and the UK. The book provides a practical and detailed guide to the UPC, in the context of the wider European patent system, with an emphasis on the structure and competence of the UPC, its procedures and remedies, jurisdiction, language and its relationship with the existing system. The book is aimed at in-house counsel, private practise lawyers, and patent attorneys using the UPC system.

Spis treści

Introduction PART I THE STRUCTURE AND APPLICATION OF THE NEW SYSTEM 1. The Unitary Patent 2. Structure, Context and Competence 3. Decision Making 4. Sources of Law 5. Language 6. The Opt-out and Transitional Regime 7. Parallel Proceedings in the Contracting Member State Courts and the UPC 8. Parallel Proceedings: Th e Courts of England and Wales and the UPC 9. UPC Jurisdiction: Where to Bring the Claim PART II PROCEEDINGS IN THE UNIFIED PATENT COURT 10. Written Procedure: Infringement Actions 11. Written Procedure: Revocation Actions 12. Written Procedure: Declarations of Non-infringement and Actions against the EPO 13. The Interim Procedure and Case Management 14. Oral Procedure, Final Decision and Early Termination 15. Preliminary Injunctions and Other Provisional Measures 16. Obtaining and Using Evidence 17. Appeal 18. Final Remedies and Costs 19. Service and Miscellaneous Matters 20. Court Fees