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Legislation and documents
Legislation and documents
Find all the official documents about the UPC in one convenient place.
Legislation establishing the UPC regime
Agreement on a Unified Patent Court
, 19 February 2013 (UPC Agreement or UPCA)
Regulation 1257/2012
(Unitary Patent Regulation)
Regulation 1260/2012
(Unitary Patent Translation Regulation)
Regulation 1215/2012
(as amended) (Recast Brussels 1 Regulation)
The UPC
Agreement on a Unified Patent Court
(UPC Agreement or UPCA)
Minutes of signing the UPC Agreement and declaration of the contracting states concerning the preparations for the coming into operation of the UPC
, 19 February 2013
Progress on ratification
Protocol to the Agreement on a Unified Patent Court on provisional application
(PPA)
Progress on signature/ratification
Protocol on Privileges and Immunities of the Unified Patent Court
(PPI)
Progress on signature/ratification
18th draft Rules of Procedure of the UPC
as amended (dated 1 July 2015, adopted by the Preparatory Committee on 19 October 2015 and amended by the Committee on 30 June 2016, 10 October 2016 and 15 March 2017) (Draft UPC Rules of Procedure)
Representatives
Proposal for a Code of Conduct for the UPC, 4th draft
, 22 June 2016
Rules on the European Patent Litigation Certificate and other appropriate qualifications
, 22 February 2022
Court fees and recoverable costs
Draft Decision of the UPC Administrative Committee on the scale of recoverable cost ceilings
, 16 June 2016
Rules on Court fees and recoverable costs
(final, subject to legal scrubbing), 25 February 2016
Draft Guidelines for the determination of Court fees and the ceiling of recoverable costs
, 25 February 2016
Court divisions
Agreement on the establishment of a Nordic-Baltic regional division
, 4 March 2014
Detailed split of subject-matter over central division sections
Appointment of judges
Appointment of the members and alternate members of the Advisory Committee
NDA for judge interviews
Other
Preparatory Committee’s Interpretative Note on the consequences of the application of Article 83 UPC Agreement
, 29 January 2014. (This note rebuts a controversial view expressed by some commentators that the effect of the UPC is to harmonise all national patent law, such that regardless of the opt out provisions, national courts would have to apply the UPC, including potentially even its procedural provisions.)
Financial Regulations of the UPC
and
Decision of the Administrative Committee governing the financial management of the UPC during the provisional application period
Draft Decision concerning the budget for the provisional application period
Staff Regulations of the UPC
Regulations Governing the Conditions of Service of UPC’s Judges, Registrar and Deputy-Registrar
Rules of Procedure of the Administrative Committee
and
Special Rules for the provisional application period
Rules of Procedure of the Budget Committee
and
Special Rules for the provisional application period
Rules of Procedure of the Advisory Committee
and
Special Rules for the provisional application period
The unitary patent
Regulation 1257/2012
(Unitary Patent Regulation)
Regulation 1260/2012
(Unitary Patent Translation Regulation)
Rules relating to Unitary Patent Protection
, 15 December 2015, as amended 23 March 2022
Rules relating to Fees for Unitary Patent Protection
, 15 December 2015
Budgetary and Financial Rules
, 15 December 2015
Rules of Procedure of the EPO Select Committee
, 25 June 2013,
amendment
1 October 2021,
amendment
14 October 2021
Overview of the UPC and unitary patent system
“An enhanced European Patent System”
, 2014 (endorsed by the Select Committee and Preparatory Committee)
Unitary Patent & Unified Patent Court
(by the EPO)
The EPO's manual:
"The jurisdiction of European courts in patent disputes"
, 2018 (by the EPO’s European Patent Academy)
Earlier draft documents and consultations
Draft Rules of Procedure of the UPC
17th draft
of 31 October 2014 (showing changes from 16th draft) and
explanatory notes to changes
16th draft
of 31 January 2014 (showing changes from 15th draft) and
digest of comments made in public consultation on 15th draft with explanatory notes on changes made in 16th draft
Draft Rules on the EPLC and other appropriate qualifications (and consultation)
Revised Draft Rules on the European Patent Litigation Certificate (EPLC) and other appropriate qualifications
,
23 September 2016
and
Explanatory Memorandum
Draft Rules on the European Patent Litigation Certificate (EPLC) and other appropriate qualifications
,
13 June 2014,
Explanatory memorandum
. Responses to public consultation (closed 25 July 2014):
CCBE
,
CIPA
,
IP Federation
,
IPLA
Rules on Court fees and recoverable costs – consultation
Public consultation on the Rules on Court fees and recoverable costs
, closed 31 July 2015
Responses:
Business Europe
,
IP Federation
,
IPLA
,
Intellectual Property Owners’ Association
,
The Law Society
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