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The Unified Patent Court Applicable Law, Jurisdiction & Forum Shopping, Languages

The Unified Patent Court Applicable Law, Jurisdiction & Forum Shopping, Languages. 23 October 2014 • AIPLA Annual Meeting Washington, DC. Pierre Véron Honorary President EPLAW (European Patent Lawyers Association). Applicable law Current law no longer applies. UPC Agreement Applicable law.

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The Unified Patent Court Applicable Law, Jurisdiction & Forum Shopping, Languages

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  1. The Unified Patent CourtApplicable Law, Jurisdiction & Forum Shopping, Languages 23 October 2014 • AIPLA Annual MeetingWashington, DC Pierre Véron Honorary President EPLAW (European Patent Lawyers Association)

  2. Applicable lawCurrent law no longer applies

  3. UPC AgreementApplicable law • 24 (1) substantive law • 24 (2) conflict of law • 25-30 rights conferred and limitations • 63-70 sanctions and damages

  4. 24 (1) AgreementSources of law (a) European Union law (b) Unified Patent Court Agreement (c) European Patent Convention (d) Other international agreements (e) national law

  5. Sources of the law applicable to a Unitary Patent

  6. Infringement Declaration of non-infringement Revocation Miscellaneous 32Jurisdiction

  7. 33 (1)The Rules of Forum Shopping in Europe…

  8. 33 (1)Infringement: (a) place of infringement

  9. 33 (2) § 2Infringement: multi-regional infringement If an action referred to in Article 32 (1) (a) is pending before a regional division and the infringement has occurred in the territories of three or more regional divisions, the regional division concerned shall, at the request of the defendant, refer the case to the central division.

  10. 33 (1)Infringement: (b) defendant’s domicile

  11. 33(1) §3Infringementnon EU defendants: Central Division

  12. 33 (7)Infringement: choice of the parties

  13. 24 EU official languages • Bulgarian • Croatian • Czech • Danish • Dutch • English • Estonian • Finnish • French • German • Greek • Hungarian • Irish • Italian • Latvian • Lithuanian • Maltese • Polish • Portuguese • Romanian • Slovak • Slovene • Spanish • Swedish

  14. 49Language of proceedings: 1st instance

  15. Language of 1st instance Language of the patent(upon the parties’ agreement) Language chosen by the court and approved by the parties 50Language of proceedings: appeal

  16. Pierre Véron Thank you

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