Casalonga UPC rules of procedure
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Rule 207Protective letter

1. If a person entitled to start proceedings under Article 47 [1] of the Agreement considers it likely that an Application for provisional measures against him as a defendant may be lodged before the Court in the near future, he may file a Protective letter.

2. The Protective letter shall be filed with the Registry in the language of the patent and shall contain:

(a) the name of the defendant or defendants filing the Protective letter and of the defendant’s representative;

(b) the name of the presumed applicant for provisional measures;

(c) postal and electronic addresses for service on the defendant filing the Protective letter and the names of the persons authorized to accept service;

(d) postal and, where available, electronic addresses for service on the presumed appli
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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 any body 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 any body 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).