Casalonga UPC rules of procedure
Powered by Casalonga

Rule 260Examination by the Registry of its own motion

1. In any proceedings before the Court, the Registry shall, as soon as practicable in the proceedings, of its own motion, examine whether an opt-out has effect for the patent concerned.

2. Where the Registry notes that two or more actions concerning the same patent are initiated before several divisions (whether or not between the same parties), it shall as soon as practicable inform the divisions concerned.

Relation with Agreement: Article 83(3) and (4)  [1]

Agreement article 83 - Transitional regime [2] and 24 [3]
...
Please login to continue reading.


Registering with the site

You have requested to take part in a forum reserved for registered visitors.

Personal identifiers

Enter your personal information here. You will receive a registration confirmation shortly by email. Such email may have been considered as spam. If you do not find it in your inbox nor in your spam, please send an email to contact@upc-casalonga.eu.

(Your password must contain at least 6 characters.)

Required fields are indicated with a « * »


New visitor ?

Subscribe


[1-
(3) Unless an action has already been brought before the Court, a proprietor of or an applicant for a European patent granted or applied for prior to the end of the transitional period under
paragraph 1 and, where applicable, paragraph 5, as well as a holder of a supplementary protection certificate issued for a product protected by a European patent, shall have the possibility to opt out from the exclusive competence of the Court. To this end they shall notify their opt-out to the Registry by the latest one month before expiry of the transitional period. The opt-out shall take effect upon its entry into the register.
(4) Unless an action has already been brought before a national court, proprietors of or applicants for European patents or holders of supplementary protection certificates issued for a product protected by a European patent who made use of the opt-out in accordance with paragraph 3 shall be entitled to withdraw their opt-out at any moment. In this event they shall notify the Registry accordingly. The withdrawal of the opt-out shall take effect upon its entry into the register.

[2-
(1) The Registrar shall assist the Court, the President of the Court of Appeal, the President of the Court of First Instance and the judges in the performance of their functions. The Registrar shall be responsible for the organisation and activities of the Registry under the authority of the President of the Court of Appeal.
(2) The Registrar shall in particular be responsible for:
(a) keeping the register which shall include records of all cases before the Court;
(b) keeping and administering lists drawn up in accordance with Articles 18, 48(3) and 57(2) of the Agreement;
(c) keeping and publishing a list of notifications and withdrawals of opt-outs in accordance with Article 83 of the Agreement;
(d) publishing the decisions of the Court, subject to the protection of confidential information;
(e) publishing annual reports with statistical data; and
(f) ensuring that the information on opt-outs in accordance with Article 83 of the Agreement is notified to the European Patent Office.

[3-
(1) Detailed rules for keeping the register of the Court shall be prescribed in the Rules governing the Registry, adopted by the Presidium.
(2) The rules on access to documents of the Registry shall be provided for in the Rules of Procedure.