Casalonga UPC rules of procedure
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Rule 292 Patent attorneys’ right of audience

1. For the purposes of Article 48(4) of the Agreement [1] , the term "patent attorneys" assisting a representative referred to in Article 48(1) [2] and/or (2) [3] of the Agreement shall mean persons meeting the requirements of Rule 287.6(b) [4] or .7 [5] and practising in a Contracting Member State.

2. Such patent attorneys shall be allowed to speak at hearings of the Court at the discretion of the Court and subject to the representative’s responsibility to coordinate the presentation of a party’s case.

3. Rules 285 and 287 to 291 shall apply Agreement article 48 - Representation.
[Rule 285 [6] , Rule 287 [7], Rule 288 [8] , Rule 289 [9] , Rule 290 [10], Rule 291 [11]]

Agreement article 48 - Representation [12]
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[1-
(4) Representatives of the parties may be assisted by patent attorneys, who shall be allowed to speak at hearings of the Court in accordance with the Rules of Procedure.

[2-
(1) Parties shall be represented by lawyers authorised to practise before a court of a Contracting Member State.

[3-
(2) Parties may alternatively be represented by European Patent Attorneys who are entitled to act as professional representatives before the European Patent Office pursuant to Article 134 of the EPC and who have appropriate qualifications such as a European Patent Litigation Certificate.

[4-
6. For the purpose of Rules 287 and 288:
(b)the expression “patent attorney” shall include a person who is recognised as eligible to give advice under the law of the state where he practises in relation to the protection of any invention or to the prosecution or litigation of any patent or patent application and is professionally consulted to give such advice.

[5-
7. The expression “patent attorney” shall also include a professional representative before the European Patent Office pursuant to Article 134 (1) EPC.

[6-
1. A representative who claims to be representing a party shall be accepted as such provided however the Court may order a representative to produce a written authority if his representative powers are challenged.
2. In the event of a successful challenge to a representative’s authority pursuant to paragraph 1 the Court may make an order pursuant to Rule 291.

[7-
1. Where a client seeks advice from a lawyer or a patent attorney he has instructed in a professional capacity, whether in connection with proceedings before the Court or otherwise, then any confidential communication (whether written or oral) between them relating to the seeking or the provision of that advice is privileged from disclosure, whilst it remains confidential, in any proceedings before the Court or in arbitration or mediation proceedings before the Centre.
2. This privilege applies also to communications between a client and a lawyer or patent attorney employed by the client and instructed to act in a professional capacity, whether in connection with proceedings before the Court or otherwise.
3. This privilege extends to the work product of the lawyer or patent attorney (including communications between lawyers and/or patent attorneys employed in the same firm or entity or between lawyers and/or patent attorneys employed by the same client) and to any record of a privileged communication.
4. This privilege prevents the lawyer or patent attorney and his client from being questioned or examined about the contents or nature of their communications.
5. This privilege may be expressly waived by the client.
6. For the purpose of Rules 287 and 288:
(a) the expression “lawyer” shall mean a person as defined in Rule 286.1 and any other person who is qualified to practice as a lawyer and to give legal advice under the law of the state where he practices and who is professionally instructed to give such advice.
(b) the expression “patent attorney” shall include a person who is recognized as eligible to give advice under the law of the state where he practices in relation to the protection of any invention or to the prosecution or litigation of any patent or patent application and is professionally consulted to give such advice.
7. The expression “patent attorney” shall also include a professional representative before the European Patent Office pursuant to Article 134 (1) EPC.
Relation to Agreement: Article 48(4)

[8-
Where a client, or a lawyer or patent attorney as specified in Rule 287.1, .2, .6 and .7 instructed by a client in a professional capacity, communicates confidentially with a third party for the purposes of obtaining information or evidence of any nature for the purpose of or for use in any proceedings, including proceedings before the European Patent Office, such communications shall be privileged from disclosure in the same way and to the same extent as provided for in Rule 287.
Relation to Agreement: Article 48(5)

[9-
1. Representatives appearing before the Court shall enjoy immunity in respect of words spoken or written by them concerning the action or the parties.
2. Representatives shall enjoy the following further privileges and facilities:
(a) papers and documents relating to the proceedings shall be exempt from both search and seizure;
(b) any allegedly infringing product or device relating to the proceedings shall be exempt from both search and seizure when brought to the Court for the purposes of the proceedings.
In the event of a dispute, customs officials or police may seal those papers, documents or allegedly infringing products or devices. They shall then be immediately forwarded to the Court for inspection in the presence of the Registrar and of the person concerned.
3. Representatives shall be entitled to travel in the course of duty without hindrance.
4. The privileges, immunities and facilities specified in paragraphs 1 to 3 are granted exclusively in the interests of the proper conduct of proceedings.
5. The Court may waive the immunity where it considers that a representative is guilty of conduct which is contrary to the proper conduct of proceedings.
Relation with Agreement: Article 48

[10-
1. As regards representatives who appear before it, the Court shall have the powers normally accorded to courts of law, under the conditions laid down in Rule 291
2. Representatives who appear before the Court shall strictly comply with any code of conduct adopted for such representatives by the Administrative Committee.

[11-
1. If the Court considers that the conduct of a party’s representative towards the Court, towards any judge of the Court or towards any member of the staff of the Registry is incompatible with the dignity of the Court or with the requirements of the proper administration of justice, or that such representative uses his rights for purposes other than those for which they were granted, or that such representative is otherwise in breach of any code of conduct adopted pursuant to Rule 290.2
2. Where a party’s representative is excluded from the proceedings, the proceedings shall be stayed for a period fixed by the presiding judge in order to enable the party concerned to appoint another representative.

[12-
(4)Representatives of the parties may be assisted by patent attorneys, who shall be allowed to speak at hearings of the Court in accordance with the Rules of Procedure.