UPC-series: Rules of procedure

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 lodging of statement of an infringement or a revocation with or without a non-infringement declaration. The response of the defense follows, and the claimant can recur with a reply to the defense. The defendant may rejoin to the reply. The judge-rapporteur calls for closure of the written procedure.

  • The interim procedure

During the interim procedure the judge-rapporteur carries the major role, as he prepares the parties and the panel for the oral hearing. The judge-rapporteur can hold up interim conferences in order to provide clarifications, answer questions or ask for more evidence.

  • The oral procedure

The oral procedure starts right after the closure of the interim procedure. The parties submit orally their arguments and address questions to witnesses and experts. The court can also examine the witnesses and the experts. The hearing should be complete within one day, always with regard to the principle of proportionality.

  • The procedure for the award of damages

This procedure usually is held separately. It includes the determination of the amount of the compensation. The application may also request to lay open books for the winning party to get access to information regarding profits and infringements.

  • The procedure for cost decisions

It can also be held separately and defines the cost incurred in the proceedings by the Court.

Areas of Law

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