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CHAPTER IV – PROCEDURAL PROVISIONS

Overview

Regulation (EU) No 1257/2012
CHAPTER I – GENERAL PROVISIONS
Article 1 – Subject matter
Article 2 – Definitions
Article 3 – European patent with unitary effect
Article 4 – Date of effect
CHAPTER II – EFFECTS OF A EUROPEAN PATENT WITH UNITARY EFFECT
Article 5 – Uniform protection
Article 6 – Exhaustion of the rights conferred by a European patent with unitary effect
CHAPTER III – A EUROPEAN PATENT WITH UNITARY EFFECT AS AN OBJECT OF PROPERTY
Article 7 – Treating a European patent with unitary effect as a national patent
Article 8 – Licences of right
CHAPTER IV – INSTITUTIONAL PROVISIONS
Article 9 – Administrative tasks in the framework of the European Patent Organisation
CHAPTER V – FINANCIAL PROVISIONS
Article 10 – Principle on expenses
Article 11 – Renewal fees
Article 12 – Level of renewal fees
Article 13 – Distribution
CHAPTER VI – FINAL PROVISIONS
Article 14 – Cooperation between the Commission and the EPO
Article 15 – Application of competition law and the law relating to unfair competition
Article 16 – Report on the operation of this Regulation
Article 17 – Notification by the participating Member States
Article 18 – Entry into force and application
Regulation (EU) No 1260/2012
Article 1 Subject matter
Article 2 Definitions
Article 3 Translation arrangements for the European patent with unitary effect
Article 4 Translation in the event of a dispute
Article 5 Administration of a compensation scheme
Article 6 Transitional measures
Article 7 Entry into force
Rules relating to Unitary Patent Protection
PART I – INSTITUTIONAL PROVISIONS
CHAPTER I – SUBJECT MATTER
Rule 1 – Subject matter
CHAPTER II – SELECT COMMITTEE OF THE ADMINISTRATIVE COUNCIL
Rule 2 – Competences and duties
CHAPTER III – FUNCTIONS AND POWERS OF THE PRESIDENT OF THE EUROPEAN PATENT OFFICE AND SPECIAL DEPARTMENTS OF THE EUROPEAN PATENT OFFICE
Rule 3 – Functions and powers of the President of the European Patent Office
Rule 4 – Unitary Patent Protection Division
PART II – PROCEDURES TO BE CARRIED BY THE EUROPEAN PATENT OFFICE UNDER REGULATIONS (EU) NO 1257/2012 AND NO 1260/2012
CHAPTER I – THE REQUEST FOR UNITARY EFFECT
Rule 5 – General
Rule 6 – Requirements of the request for unitary effect
Rule 7 – Examination of the request by the European Patent Office
CHAPTER II – COMPENSATION SCHEME
Rule 8 – Definition and beneficiaries
Rule 9 – Request for compensation
Rule 10 – Examination of the request and grant of compensation
Rule 11 – Level of compensation
CHAPTER III – LICENCES OF RIGHT
Rule 12 – Filing of the statement by the patent proprietor
CHAPTER IV – RENEWAL FEES
Rule 13 – Payment of renewal fees for European patents with unitary effect
CHAPTER V – LAPSE
Rule 14 – Lapse
PART III – INFORMATION TO THE PUBLIC
CHAPTER I – REGISTER FOR UNITARY PATENT PROTECTION
Rule 15 – Establishment of the Register for unitary patent protection
Rule 16 – Entries in the Register for unitary patent protection
CHAPTER II – PUBLICATIONS
Rule 17 – European Patent Bulletin and Official Journal of the European Patent Office
Rule 18 – Publication of translations
Rule 19 – Inclusion of decisions of the Unified Patent Court in the files
PART IV – COMMON PROVISIONS
Rule 20 – Common provisions governing procedure
Rule 21 – Oral proceedings
Rule 22 – Re-establishment of rights
Rule 23 – Form of decisions
Rule 24 – Interlocutory revision
Rules relating to Fees for Unitary Patent Protection
Article 1 – General
Article 2 – Fees provided for in the Rules relating to Unitary Patent Protection
Article 3 – Reduction of renewal fees
Article 4 – Compensation for translation costs
Article 5 – Fees, expenses and prices laid down by the President of the European Patent Office
Article 6 – Common provisions governing procedure
Article 7 – Review of renewal fee level and report on specific entities
Agreement on a Unified Patent Court
PART I – GENERAL AND INSTITUTIONAL PROVISIONS
CHAPTER I – GENERAL PROVISIONS
Article 1 – Unified Patent Court
Article 2 – Definitions
Article 3 – Scope of application
Article 4 – Legal status
Article 5 – Liability
CHAPTER II – INSTITUTIONAL PROVISIONS
Article 6 – The Court
Article 7 – The Court of First Instance
Article 8 – Composition of the panels of the Court of First Instance
Article 9 – The Court of Appeal
Article 10 – The Registry
Article 11 – Committees
Article 12 – The Administrative Committee
Article 13 – The Budget Committee
Article 14 – The Advisory Committee
CHAPTER III – JUDGES OF THE COURT
Article 15 – Eligibility criteria for the appointment of judges
Article 16 – Appointment procedure
Article 17 – Judicial independence and impartiality
Article 18 – Pool of Judges
Article 19 – Training framework
CHAPTER IV – THE PRIMACY OF UNION LAW, LIABILITY AND RESPONSIBILITY OF THE CONTRACTING MEMBER STATES
Article 20 – Primacy of and respect for Union law
Article 21 – Requests for preliminary rulings
Article 22 – Liability for damage caused by infringements of Union law
Article 23 – Responsibility of the Contracting Member States
CHAPTER V – SOURCES OF LAW AND SUBSTANTIVE LAW
Article 24 – Sources of law
Article 25 – Right to prevent the direct use of the invention
Article 26 – Right to prevent the indirect use of the invention
Article 27 – Limitations of the effects of a patent
Article 28 – Right based on prior use of the invention
Article 29 – Exhaustion of the rights conferred by a European patent
Article 30 – Effects of supplementary protection certificates
CHAPTER VI – INTERNATIONAL JURISDICTION AND COMPETENCE
Article 31 – International jurisdiction
Article 32 – Competence of the Court
Article 33 – Competence of the divisions of the Court of First Instance
Article 34 – Territorial scope of decisions
CHAPTER VII – PATENT MEDIATION AND ARBITRATION
Article 35 – Patent mediation and arbitration centre
PART II – FINANCIAL PROVISIONS
Article 36 – Budget of the Court
Article 37 – Financing of the Court
Article 38 – Financing of the training framework for judges
Article 39 – Financing of the Centre
PART III – ORGANISATION AND PROCEDURAL PROVISIONS
CHAPTER I – GENERAL PROVISIONS
Article 40 – Statute
Article 41 – Rules of Procedure
Article 42 – Proportionality and fairness
Article 43 – Case management
Article 44 – Electronic procedures
Article 45 – Public proceedings
Article 46 – Legal capacity
Article 47 – Parties
Article 48 – Representation
CHAPTER II – LANGUAGE OF PROCEEDINGS
Article 49 – Language of proceedings at the Court of First Instance
Article 50 – Language of proceedings at the Court of Appeal
Article 51 – Other language arrangements
CHAPTER III – PROCEEDINGS BEFORE THE COURT
Article 52 – Written, interim and oral procedures
Article 53 – Means of evidence
Article 54 – Burden of proof
Article 55 – Reversal of burden of proof
CHAPTER IV – POWERS OF THE COURT
Article 56 – The general powers of the Court
Article 57 – Court experts
Article 58 – Protection of confidential information
Article 59 – Order to produce evidence
Article 60 – Order to preserve evidence and to inspect premises
Article 61 – Freezing orders
Article 62 – Provisional and protective measures
Article 63 – Permanent injunctions
Article 64 – Corrective measures in infringement proceedings
Article 65 – Decision on the validity of a patent
Article 66 – Powers of the Court concerning decisions of the European Patent Office
Article 67 – Power to order the communication of information
Article 68 – Award of damages
Article 69 – Legal costs
Article 70 – Court fees
Article 71 – Legal aid
Article 72 – Period of limitation
CHAPTER V – APPEALS
Article 73 – Appeal
Article 74 – Effects of an appeal
Article 75 – Decision on appeal and referral back
CHAPTER VI – DECISIONS
Article 76 – Basis for decisions and right to be heard
Article 77 – Formal requirements
Article 78 – Decisions of the Court and dissenting opinions
Article 79 – Settlement
Article 80 – Publication of decisions
Article 81 – Rehearing
Article 82 – Enforcement of decisions and orders
PART IV – TRANSITIONAL PROVISIONS
Article 83 – Transitional regime
PART V – FINAL PROVISIONS
Article 84 – Signature, ratification and accession
Article 85 – Functions of the depositary
Article 86 – Duration of the Agreement
Article 87 – Revision
Article 88 – Languages of the Agreement
Article 89 – Entry into force
ANNEX I – Statute of the unified patent court
Article 1 – Scope of the Statute
CHAPTER I – JUDGES
Article 2 – Eligibility of judges
Article 3 – Appointment of judges
Article 4 – Judges' term of office
Article 5 – Appointment of the members of the Advisory Committee
Article 6 – Oath
Article 7 – Impartiality
Article 8 – Immunity of judges
Article 9 – End of duties
Article 10 – Removal from office
Article 11 – Training
Article 12 – Remuneration
CHAPTER II – ORGANISATIONAL PROVISIONS
SECTION 1 – COMMON PROVISIONS
Article 13 – President of the Court of Appeal
Article 14 – President of the Court of First Instance
Article 15 – Presidium
Article 16 – Staff
Article 17 – Judicial vacations
SECTION 2 – THE COURT OF FIRST INSTANCE
Article 18 – Setting up and discontinuance of a local or regional division
Article 19 – Panels
Article 20 – Pool of Judges
SECTION 3 – THE COURT OF APPEAL
Article 21 – Panels
SECTION 4 – THE REGISTRY
Article 22 – Appointment and removal from office of the Registrar
Article 23 – Duties of the Registrar
Article 24 – Keeping of the register
Article 25 – Sub-registries and Deputy-Registrar
CHAPTER III – FINANCIAL PROVISIONS
Article 26 – Budget
Article 27 – Authorisation for expenditure
Article 28 – Appropriations for unforeseeable expenditure
Article 29 – Accounting period
Article 30 – Preparation of the budget
Article 31 – Provisional budget
Article 32 – Auditing of accounts
Article 33 – Financial Regulations
CHAPTER IV – PROCEDURAL PROVISIONS
Article 34 – Secrecy of deliberations
Article 35 – Decisions
Article 36 – Dissenting opinions
Article 37 – Decision by default
Article 38 – Questions referred to the Court of Justice of the European Union
ANNEX II – Distribution of cases within the central division

Article 36
Dissenting opinions

A dissenting opinion expressed separately by a judge of a panel in accordance with Article 78 of the Agreement shall be reasoned, given in writing and shall be signed by the judge expressing this opinion.

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