Comments on the Preliminary Set of Provisions for the Rules of Procedure of the Unified Patent Court

11 Pages Posted: 15 Nov 2013

See all articles by Reto Hilty

Reto Hilty

Max Planck Institute for Innovation and Competition; University of Zurich; Ludwig Maximilian University of Munich

Thomas Jaeger

University of Vienna - Faculty of Law

Matthias Lamping

Max Planck Institute for Innovation and Competition

Roberto Romandini

Max Planck Institute for Innovation and Competition

Hanns Ullrich

Max Planck Institute for Innovation and Competition

Date Written: October 1, 2013

Abstract

This text is a re-formatted version of comments submitted by the Max Planck Institute for Intellectual Property and Competition Law in the public consultation on the 15th draft for Rules of Procedure for the Unified Patent Court conducted between June and October 2013. The comments focus on those Rules and do, in particular, not duplicate criticism for the Unitary Patent Package voiced elsewhere. Three fundamental aspects of particular importance for the functionality of the procedural regime are identified: Warranting uniformity, safeguarding autonomy and establishing an adequate balance of rights and obligations between the parties.

The comments underline that, within the strict bounds imposed by the Unitary Patent Package, the Rules offer a well elaborated and substantially comprehensive framework for patent litigation procedures. Nonetheless, certain parts fall short of answering to the requirements imposed by the complexities of the system in which they are embedded. In particular, the Rules should not shy away from suggesting solutions in politically delicate areas if essential for the overall balance and functioning of the system. This concerns, for example, the exercise of discretion regarding the choice of options pursuant to Art. 33(3) UPC or the balancing of interests in the context of granting injunctive relief.

Keywords: Unified Patent Court; Unitary Patent Regulation; Rules of Procedure; Patent Litigation; Bifurcation; Patent injunctions

Suggested Citation

Hilty, Reto and Jaeger, Thomas and Lamping, Matthias and Romandini, Roberto and Ullrich, Hanns, Comments on the Preliminary Set of Provisions for the Rules of Procedure of the Unified Patent Court (October 1, 2013). Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 13-16. Available at SSRN: https://ssrn.com/abstract=2337467 or http://dx.doi.org/10.2139/ssrn.2337467

Reto Hilty

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://www.ip.mpg.de

University of Zurich

Rämistrasse 74/7
Zürich, CH-8001
Switzerland

Ludwig Maximilian University of Munich

Munich, 80539
Germany

Thomas Jaeger (Contact Author)

University of Vienna - Faculty of Law ( email )

Schottenbastei 10-16
Vienna, A-1010
Austria

HOME PAGE: http://deicl.univie.ac.at/en/

Matthias Lamping

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://www.ip.mpg.de

Roberto Romandini

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

Hanns Ullrich

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

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