The unitary patent and the Unified Patent Court /

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Bibliographic Details
Author / Creator:Callens, Pieter, 1980- author.
Imprint:Alphen aan den Rijn, The Netherlands ; Frederick, MD : Kluwer Law International, [2017]
©2017
Description:xxii, 389 pages : illustrations ; 25 cm
Language:English
Subject:
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/11388680
Related Items:Revision of: Introduction to the unitary patent and the Unified Patent Court.
Hidden Bibliographic Details
Other authors / contributors:Granata, Sam, 1970- author.
ISBN:9789041159380
904115938X
Notes:Includes bibliographical references and index.
Summary:The Unitary Patent and the Unified Patent Court' discusses the legal texts regarding the Unitary Patent and the Unified Patent Court (UPC). In 2013, twenty-five Member States of the European Union decided to take European patenting and patent enforcement to the next level. They agreed on a common patent title and a common patent court, i.e., the new Unitary Patent and the UPC. However, the implementation phase of the new patent package was a bumpy ride ? non-participating Member States attacked the legal texts before the European Court of Justice, the Rules of Procedure of the UPC were subject to extensive debates, the Brexit referendum slowed down the ratification process, etc. Nevertheless, the unitary patent package survived.00The exact date when the UPC will open its doors and the first Unitary Patent will be registered is still unclear. But observers agree that both projects will most likely become operational in 2018. From that moment on, companies, research institutions and individuals will be able to obtain not only a patent title with immediate effect in twenty-five EU Member States but also a court decision on, for example, infringement or validity of a European or Unitary Patent with effect in the participating Member States.
Table of Contents:
  • The Unitary Patent : History of the EU patent title
  • Legal instruments for unitary patent protection
  • Legal challenges against the unitary patent regulation and the translation regulation
  • Accession of Italy to the enhanced cooperation
  • The Unitary Patent
  • Language regime of the Unitary Patent
  • The Unified Patent Court: Legal status of the UPCA and the Unified Patent Court
  • Structure of the court
  • Composition of the different divisions of the court
  • The judges of the court
  • Jurisdiction and competence
  • Sources of law and substantive law
  • Organisation of proceedings
  • Finance of the court
  • Implementation and operation of the UPCA
  • Unified Patent Court website and case management system
  • The rules of procedure of the Unified Patent Court: Introduction
  • Preamble
  • Application and interpretation of the rules of procedure
  • (Part 1) Procedures before the Court of First Instance (rules 10-159): stages of the proceeding (inter partes proceedings)
  • {Part 2) Evidence (rules 170-202)
  • (Part 3) Provisional measures (summary proceedings) (rules 205-213)
  • (Part 4) Procedures before the Court of Appeal (rules 220-254)
  • (Part 5) General provisions
  • (Part 6) Fees and legal aid (rules 370-382).