Casalonga UPC rules of procedure
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Rule 192Application for preserving evidence

1. An Application for preserving evidence may be lodged by a party (within the meaning of Article 47 of the Agreement [1]) (hereinafter "the applicant") at the division where the applicant has commenced infringement proceedings on the merits. If the application is lodged before proceedings on the merits have been started it shall be lodged at the division where the applicant intends to start proceedings on the merits.

2. The Application for preserving evidence shall contain:

(a) particulars in accordance with Rule 13.1(a) to (i) [[-
1. The claimant shall lodge a Statement of claim with the division chosen by him [Article 33 of the Agreement] which shall contain:
(a) the name of the claimant, and, where the claimant is a corporate entity, the location of its registered office, and of the claimant’s representative;
(b) the name of the party against whom the Statement is made (the defendant), a
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[1-
(1) The patent proprietor shall be entitled to bring actions before the Court.
(2) Unless the licensing agreement provides otherwise, the holder of an exclusive licence in respect of a patent shall be entitled to bring actions before the Court under the same circumstances as the patent proprietor, provided that the patent proprietor is given prior notice.
(3) The holder of a non-exclusive licence shall not be entitled to bring actions before the Court, unless the patent proprietor is given prior notice and in so far as expressly permitted by the licence agreement.
(4) In actions brought by a licence holder, the patent proprietor shall be entitled to join the action before the Court.
(5) The validity of a patent cannot be contested in an action for infringement brought by the holder of a licence where the patent proprietor does not take part in the proceedings. The party in an action for infringement wanting to contest the validity of a patent shall have to bring actions against the patent proprietor.
(6) Any other natural or legal person, or anybody entitled to bring actions in accordance with its national law, who is concerned by a patent, may bring actions in accordance with the Rules of Procedure.
(7) Any natural or legal person, or anybody entitled to bring actions in accordance with its national law and who is affected by a decision of the European Patent Office in carrying out the tasks referred to in Article 9 of Regulation (EU) No 1257/2012 is entitled to bring actions under Article 32(1)(i).