Casalonga UPC rules of procedure
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Rule 229Examination as to formal requirements of the Statement of appeal

1. The Registry shall, as soon as practicable after the lodging of the Statement of appeal, examine whether the requirements of Rules 224.1, [1] 225, [2] 227 [3] and 228 [4] have been complied with.

2. If the appellant has not complied with the requirements referred to in Rules 225, [5] 227 [6] or 228 [7], the Registry shall invite the appellant to:
(a) correct the deficiencies within 14 days of service of such notification; and
(b) where applicable, pay the fee for the appeal within said 14 days.
3. The Registry shall at the same time inform the appellant that if the appellant fails to correct the deficiencies or to pay the fee within the time stated, a decision by default may be given in accordance with Rule 357 [8].

4. If the appellant has not met the requirements of Rules 225, [9] 227
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[1-
1. A Statement of appeal shall be lodged by the appellant:
(a) within two months of service of a decision referred to in Rule 220.1(a) and (b); or
(b) within 15 days of service of an order referred to in Rule 220.1(c) or a decision referred to in Rule 220.2 or 221.3.

[2-
The Statement of appeal shall contain:
(a) the names of the appellant and of the appellant’s representative;
(b) the names of the respondent and of the respondent’s representative;
(c) postal and electronic addresses for service on the appellant and on the respondent, as well as the names of the persons authorised to accept service;
(d) the date of the decision or order appealed against and the action number attributed to the file in proceedings before the Court of First Instance; and
(e) the order or remedy sought by the appellant, including any order for expedition of the appeal pursuant to Rule 9.3(b) and the reasons justifying such order for expedition.

[3-
1. The Statement of appeal and the Statement of grounds of appeal shall be drawn up:
(a) without prejudice to Article 50(3) of the Agreement, in the language of the proceedings before the Court of First Instance; or
(b) where the parties have agreed in accordance with Article 50(2) of the Agreement, in the language in which the patent was granted. Where the parties have agreed in accordance with Article 50(2) of the Agreement, evidence of the respondent’s agreement shall be lodged by the appellant together with the Statement of appeal.

[4-
The appellant shall pay the fixed fee and, where applicable, the value based fee for the appeal, in accordance with Part 6. Rule 15.2 shall apply -.

[5-
The Statement of appeal shall contain:
(a) the names of the appellant and of the appellant’s representative;
(b) the names of the respondent and of the respondent’s representative;
(c) postal and electronic addresses for service on the appellant and on the respondent, as well as the names of the persons authorized to accept service;
(d) the date of the decision or order appealed against and the action number attributed to the file in proceedings before the Court of First Instance; and
(e) the order or remedy sought by the appellant, including any order for expedition of the appeal pursuant to Rule 9.3(b) and the reasons justifying such order for expedition.

[6-
1. The Statement of appeal and the Statement of grounds of appeal shall be drawn up:
(a) without prejudice to Article 50(3) of the Agreement, in the language of the proceedings before the Court of First Instance; or
(b) where the parties have agreed in accordance with Article 50(2) of the Agreement, in the language in which the patent was granted. Where the parties have agreed in accordance with Article 50(2) of the Agreement, evidence of the respondent’s agreement shall be lodged by the appellant together with the Statement of appeal.
Relationship with Agreement: Article 50

[7-
The appellant shall pay the fixed fee and, where applicable, the value based fee for the appeal, in accordance with Part 6. Rule 15.2 shall apply mutatis mutandis.

[8-
1. Rules 355 and 356 shall apply -, in particular where a respondent on whom a Statement of appeal and a Statement of the grounds of appeal have been duly served fails to lodge a Statement of response or where a party fails to file a Reply to a Statement of Cross-Appeal or translations ordered by the judge-rapporteur.
2. When considering whether to give a decision by default, the Court of Appeal may consider the merits of the appeal.
3. Rules 355 and 356 shall apply - where the appellant fails to correct the deficiencies or to pay the fee pursuant to Rule 229.4 or to lodge the translations pursuant to Rule 232.1 within the period specified.

[9-
The Statement of appeal shall contain:
(a) the names of the appellant and of the appellant’s representative;
(b) the names of the respondent and of the respondent’s representative;
(c) postal and electronic addresses for service on the appellant and on the respondent, as well as the names of the persons authorized to accept service;
(d) the date of the decision or order appealed against and the action number attributed to the file in proceedings before the Court of First Instance; and
(e) the order or remedy sought by the appellant, including any order for expedition of the appeal pursuant to Rule 9.3(b) and the reasons justifying such order for expedition.