Review of the latest UPC Rules released prior to public hearings, by Nicholas Fox & Scott Parker, Simmons & Simmons
On 31 October the Legal Framework Group of the Preparatory Committee issued the latest version of the draft Rules of Procedure for the Unified Patent Court in advance of a public consultation hearing being held in Trier, Germany on 26 November 2014. Subject to any further revision which occurs as a result of that public hearing, these latest rules are likely to reflect the final version of the UPC Rules of Procedure. The amendments made by the Preparatory Committee have settled a number of political issues left open by the Rules Committee which had drafted the previous versions of the rules.
As is discussed in greater detail below, the key revision to the rules concern:
• Clarifying the opt-out provisions
• Settling the language scheme for the Court
• Arrangement to reduce any “injunction gap” in bifurcated proceedings
• Emphasising judicial discretion in determining remedies
• Finalising the procedural orders appeals regime
• Balancing public access and claims for confidentiality in court documents
• Clarifying the rules for service; and
• Providing Swedish and Finnish patent jurists with a right of representation before the Court
Read the entire contribution here.