Casalonga UPC rules of procedure
Powered by Casalonga

Rule 15Examination of and decision on the request for recognition of other appropriate qualifications

1. The request for recognition of other appropriate qualifications shall be examined by the Registrar. The Registrar may, if he deems it necessary, consult the Advisory Committee for an opinion.

2. If the requirements contained in Rules 11 [1] or 12 [2] are met and the request for recognition of other appropriate qualifications complies with Rule 14 [3]

3. If the request for recognition of other appropriate qualifications complies with Rule 14, [4] but the requirements under Rules 11 [5] or 12 [6] are not met, the Registrar shall reject the request.

4. If the request for recognition of appropriate qualification fails to comply with the requirements of Rule 14, [7] the Registrar shall invite the requestor to correct the deficiencies noted within a non-extendable period of two months. If
...
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-
European Patent Attorneys holding a bachelor or master degree in law according to relevant educational standards in a Member State of the European Union or who have passed an equivalent state exam in law of a Member State of the European Union shall be deemed to have appropriate qualifications pursuant to Article 48(2) of the Agreement on a Unified Patent Court and may apply for registration on the list of entitled representatives.

[2-
1. During a period of one year from the entry into force of the Agreement on a Unified Patent Court, any of the following shall also be deemed as appropriate qualifications for a European Patent Attorney pursuant to Article 48(2) of the Agreement on a Unified Patent Court:
(a) the successful completion of one of the following courses or the grant of one of the following certificates:
(i) Centre d’Études Internationales de la Propriété Intellectuelle, courses leading to the Diploma on Patent litigation in Europe or to the Diploma of international studies in industrial property (specialized in patents);
(ii) FernUniversität in Hagen, course “Law for Patent Attorneys” and its predecessor, the course “Kandidatenkurs Fischbachau”;
(iii) Humboldt-Universität zu Berlin, course “Zusatzstudium Gewerblicher Rechtsschutz“;
(iv) Nottingham Law School, course “Intellectual Property Litigation and Ad-vocacy”;
(v) Queen Mary University of London, courses “Certificate in Intellectual Property Law” or “MSc Management of Intellectual Property”;
(vi) Intellectual Property Regulation Board, “Intellectual Property Litigation Certificate”;
(vii) Intellectual Property Regulation Board, “Higher Courts Litigation Certificate”;
(viii) Intellectual Property Regulation Board, “Higher Courts Advocacy Certificate”;
(ix) Stichting Beroepsopleiding Octrooigemachtigden, course “Beroepsopleiding Octrooigemachtigden”;
(x) Hungarian Intellectual Property Office, course “Advanced Course in Intellectual Property”;
(xi) University of Milano, course “Corso di Perfezionamento in Brevettistica”;
(xii) Politecnico di Milano, “Certificato di superamento dell’esame conclusivo del Corso di Proprietà Industriale – Brevetti”;
(xiii) University of Warsaw, course “Podyplomowe Studium Prawa Własności Przemysłowej”;
or
(b) having represented a party on his own without the assistance of a lawyer admitted to the relevant court or having acted as a judge in at least three patent infringement actions, initiated before a national court of a Contracting Member State within the five years preceding the application for registration.
2. Paragraph 1(a) applies to the courses and certificates mentioned under (iv) to (viii) to the extent that they have been successfully completed or granted until 31 December 2020.

[3-
1. Requests for recognition of other appropriate qualifications shall be filed with the Registrar in one of the official languages of the European Patent Office.
2. In case of requests filed pursuant to Rule 11 or 12(1)(a),
3. In case of requests filed pursuant to Rule 12(1)(b)
(a) name of the parties;
(b) court seized with the action;
(c) date of commencement of the proceedings.
Reasonably available evidence to support the request, such as a copy of the power of attorney, shall be submitted., the Registrar shall enter the requestor on the List.

[4-
1. Requests for recognition of other appropriate qualifications shall be filed with the Registrar in one of the official languages of the European Patent Office.
2. In case of requests filed pursuant to Rule 11 or 12(1)(a),
3. In case of requests filed pursuant to Rule 12(1)(b)
(a) name of the parties;
(b) court seized with the action;
(c) date of commencement of the proceedings.
Reasonably available evidence to support the request, such as a copy of the power of attorney, shall be submitted., the Registrar shall enter the requestor on the List.

[5-
European Patent Attorneys holding a bachelor or master degree in law according to relevant educational standards in a Member State of the European Union or who have passed an equivalent state exam in law of a Member State of the European Union shall be deemed to have appropriate qualifications pursuant to Article 48(2) of the Agreement on a Unified Patent Court and may apply for registration on the list of entitled representatives.

[6-
1. During a period of one year from the entry into force of the Agreement on a Unified Patent Court, any of the following shall also be deemed as appropriate qualifications for a European Patent Attorney pursuant to Article 48(2) of the Agreement on a Unified Patent Court:
(a) the successful completion of one of the following courses or the grant of one of the following certificates:
(i) Centre d’Études Internationales de la Propriété Intellectuelle, courses leading to the Diploma on Patent litigation in Europe or to the Diploma of international studies in industrial property (specialized in patents);
(ii) FernUniversität in Hagen, course “Law for Patent Attorneys” and its predecessor, the course “Kandidatenkurs Fischbachau”;
(iii) Humboldt-Universität zu Berlin, course “Zusatzstudium Gewerblicher Rechtsschutz“;
(iv) Nottingham Law School, course “Intellectual Property Litigation and Ad-vocacy”;
(v) Queen Mary University of London, courses “Certificate in Intellectual Property Law” or “MSc Management of Intellectual Property”;
(vi) Intellectual Property Regulation Board, “Intellectual Property Litigation Certificate”;
(vii) Intellectual Property Regulation Board, “Higher Courts Litigation Certificate”;
(viii) Intellectual Property Regulation Board, “Higher Courts Advocacy Certificate”;
(ix) Stichting Beroepsopleiding Octrooigemachtigden, course “Beroepsopleiding Octrooigemachtigden”;
(x) Hungarian Intellectual Property Office, course “Advanced Course in Intellectual Property”;
(xi) University of Milano, course “Corso di Perfezionamento in Brevettistica”;
(xii) Politecnico di Milano, “Certificato di superamento dell’esame conclusivo del Corso di Proprietà Industriale – Brevetti”;
(xiii) University of Warsaw, course “Podyplomowe Studium Prawa Własności Przemysłowej”;
or
(b) having represented a party on his own without the assistance of a lawyer admitted to the relevant court or having acted as a judge in at least three patent infringement actions, initiated before a national court of a Contracting Member State within the five years preceding the application for registration.
2. Paragraph 1(a) applies to the courses and certificates mentioned under (iv) to (viii) to the extent that they have been successfully completed or granted until 31 December 2020.

[7-
1. Requests for recognition of other appropriate qualifications shall be filed with the Registrar in one of the official languages of the European Patent Office.
2. In case of requests filed pursuant to Rule 11 or 12(1)(a),
3. In case of requests filed pursuant to Rule 12(1)(b)
(a) name of the parties;
(b) court seized with the action;
(c) date of commencement of the proceedings.
Reasonably available evidence to support the request, such as a copy of the power of attorney, shall be submitted, the Registrar shall enter the requestor on the List.