A Practitioner's Guide to the Unified Patent Court and Unitary Patent

This book provides practical and detailed advice on all procedural aspects of the Unified Patent Court and Unitary Patent system. The book also explains how the UPC works in the context of the wider European patent system, particularly the UK. It considers how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular:- The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings;- Rules on competence, substantive law, jurisdiction, language and judges;- The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings.NEW TO THE 2ND EDITION: Additional chapters on the impact of the UPC and Unitary Patent on managing licences, and on confidentiality; coverage of the latest UPC guidance; references and case notes on every significant procedural case from the UPC divisions and the Court of Appeal; and coverage of every Rule of the Rules of Procedure.The book is written by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK, as well as hands-on experience of running cases in the UPC from its inception. It provides insights from national and UPC practice on the features above and identifies potential problems and answers. A must read for private practitioners and in-house counsel.>

Auteur
Paul England is a solicitor at Taylor Wessing, London, UK.

Texte du rabat

This book provides practical and detailed account of all procedural aspects of the Unified Patent Court and Unitary Patent system.

The book also explains how the UPC works in the context of the wider European patent system, particularly the EPO and the UK. It considers how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular:

• The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings;
• Rules on competence, substantive law, jurisdiction, language and judges;
• The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings.

NEW TO THE 2ND EDITION: Additional chapters on the impact of the UPC and Unitary Patent on managing licences, and on confidentiality; coverage of the latest UPC guidance; references and case notes on every significant procedural case from the UPC divisions and the Court of Appeal; and coverage of every Rule of the Rules of Procedure.

The book is written by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK, as well as hands-on experience of running cases in the UPC from its inception. It provides insights from national and UPC practice on the features above and identifies points of interpretation. A must read for private practitioners and in-house counsel.

Contenu

Introduction Part I: The Structure and Application of the New System 1. The Unitary Patent 2. The Opt-out and Transitional Regime 3. Managing Licences of European and Unitary Patents 4. Structure, Context and Competence 5. Making Orders and Decisions 6. Sources of Law 7. Language 8. UPC Jurisdiction 9. Parallel Proceedings in the Contracting Member State Courts and the UPC 10. Parallel Proceedings with the EPO, and England and Wales Part II: Proceedings in the Unified Patent Court 11. Written Procedure: Infringement Actions 12. Written Procedure: Revocation Actions 13. Written Procedure: Declarations of Non-infringement and Actions Against the EPO 14. Case Management and Interim Procedure 15. Oral Procedure, Final Decision and Early Termination 16. Preliminary Injunctions and Other Provisional Measures 17. Obtaining and Using Evidence 18. Confidentiality and Privilege 19. Appeal 20. Final Remedies and Costs 21. Service and Miscellaneous Matters 22. Court Fees