The defeated party may bring an appeal application before the Court of Appeal. The other party is free to file a counter-appeal pursuant to Rule 235 of the Rules of Procedure. The standing judge may deny the request to appeal. If the request is accepted the procedure continues by […]
Both infringement and revocation proceedings on the merits before the UPC consist of a written, an interim and an oral procedure, a procedure for the award of damages and a procedure for cost decisions.
The written procedure
The written procedure before UPC starts with an exchange of written pleadings and […]
The issue of the admissible languages was one of the main reasons why the arose so many disputes and such a delay entering into force the UP regime and allowing the function of the UPC. The language of proceedings at the Central division of the Court of First Instance […]
The Unitary Patent (UP) is based on the European patent granted by the EPO under the rules of the European Patent Convention (EPC). In fact, after a “classic” European patent is granted, the unitary effect can be requested afterwards, thereby the European patent acquires unitary effect that provides uniform patent […]
The jurisdiction of the Court covers both “classic” European patents and European patents with unitary effect (Unitary Patents), considering both infringement and revocation actions. Nevertheless, the exclusive jurisdiction of the Court regarding “classic” European patents is subject to exceptions during a transitional period of seven years. During this period, […]
The Unified Patent Court (UPC) is an international court, which came into full force on 1 June 2023 and whose jurisdiction has been currently accepted by seventeen (17) EU Member States through the Agreement on a Unified Patent Court (UPCA). The UPC serves the entire framework of patent litigation […]
and that there is a rebuttable presumption that an applicant claiming priority in accordance with the formal requirements under the EPC is entitled to do so.
The referral by Technical Board of Appeal in cases T 1513/17 and T 2719/19 concerned, firstly, the question whether the EPO is competent to […]
GEISTWERT partner Rainer Schultes is a co author of the commentary on the Enforcement of Decisions of the Unified Patent Court, released by Wolters Kluwer under editors Christof Augenstein and Johanna Flythström
Wolters Kluwer
The first oral proceedings on a preliminary injunction before the Vienna Local Division of the Unified Patent Court (UPC) took place today in front of a full house. The language of the proceedings was German.
The Dutch, German and Austrian judges dealt comprehensively and efficiently with all issues, from urgency […]
Jägermeister trademarks judged to be well known. On 4 July 2023, the Supreme Court confirmed in its decision 4Ob55/23a that a herbal liqueur from a discount store, in which the colour combination, lettering and pictorial representation are conspicuously based on the well-known Jägermeister trademarks in an overall view, leads […]