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.
By:
Paul England (Taylor Wessing London UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Edition: 2nd edition
Dimensions:
Height: 246mm,
Width: 168mm,
Spine: 34mm
Weight: 1.060kg
ISBN: 9781509979677
ISBN 10: 1509979670
Pages: 544
Publication Date: 01 May 2025
Audience:
Professional and scholarly
,
Undergraduate
Format: Hardback
Publisher's Status: Active
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. Decision Making 6. Sources of Law 7. Language 8. UPC Jurisdiction: Where to Bring the Claim 9. Parallel Proceedings in the Contracting Member State Courts and the UPC 10. Parallel Proceedings in the EPO, England and Wales and the UPC 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. The Interim Procedure and Case Management 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
Paul England is Senior Counsel – Knowledge in the Patents Group at Taylor Wessing, UK.
