Casalonga UPC rules of procedure
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Version: 20 June 2013

ARTICLE 14The Advisory Committee

1. The Advisory Committee shall:

(a) assist the Administrative Committee in the preparation of the appointment of judges of the Court;

(b) make proposals to the Presidium referred to in Article 15 of the Statute [1] on the guidelines for the training framework for judges referred to in Article 19 [2] ; and

(c) deliver opinions to the Administrative Committee concerning the requirements for qualifications referred to in Article 48(2) [3] .

2. The Advisory Committee shall comprise patent judges and practitioners in patent law and patent litigation with the highest recognised competence. They shall be appointed, in accordance with the procedure laid down in the Statute, for a term of six years. That term shall be renewable.

3. The composition of the Advisory Committee shall
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[1-
(1) The Presidium shall be composed of the President of the Court of Appeal, who shall act as chairperson, the President of the Court of First Instance, two judges of the Court of Appeal elected from among their number, three judges of the Court of First Instance who are full-time judges of the Court elected from among their number, and the Registrar as a non-voting member.
(2) The Presidium shall exercise its duties in accordance with this Statute. It may, without prejudice to its own responsibility, delegate certain tasks to one of its members.
(3) The Presidium shall be responsible for the management of the Court and shall in particular :
(a) draw up proposals for the amendment of the Rules of Procedure in accordance with Article 41 of the Agreement and proposals regarding the Financial Regulations of the Court;
(b) prepare the annual budget, the annual accounts and the annual report of the Court and submit them to the Budget Committee;
(c) establish the guidelines for the training programme for judges and supervise the implementation thereof;
(d) take decisions on the appointment and removal of the Registrar and the Deputy-Registrar;
(e) lay down the rules governing the Registry including the sub-registries;
(f) give an opinion in accordance with Article 83(5)
(4) Decisions of the Presidium referred to in Articles 7, 8, 10 and 22 shall be taken without the participation of the Registrar.
(5) The Presidium can take valid decisions only when all members are present or duly represented. Decisions shall be taken by a majority of the votes.

[2-
(1) A training framework for judges, the details of which are set out in the Statute, shall be set up in order to improve and increase available patent litigation expertise and to ensure a broad geographic distribution of such specific knowledge and experience. The facilities for that framework shall be situated in Budapest.
(2) The training framework shall in particular focus on:
(a) internships in national patent courts or divisions of the Court of First Instance hearing a substantial number of patent litigation cases;
(b) improvement of linguistic skills;
(c) technical aspects of patent law;
(d) the dissemination of knowledge and experience in civil procedure for technically qualified judges;
(e) the preparation of candidate-judges.
(3) The training framework shall provide for continuous training. Regular meetings shall be organised between all judges of the Court in order to discuss developments in patent law and to ensure the consistency of the Court’s case law.

[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.