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Article 48(2) of the Agreement on the Unified Patent Court (which relates to representation) states: “Parties may alternatively be represented by European Patent Attorneys who are entitled to act as professional representatives before the European Patent Office pursuant to Article 134 of the EPC and who have appropriate qualifications such as a European Patent Litigation Certificate“.
What constitutes a European Patent Litigation Certificate has been the subject of much discussion already (here’s an earlier IPcopy article) and is now the subject of a formal consultation (details here) with a closing date of 25 July.
CIPA has announced that it is to hold a seminar on this subject on 2 July 2014 at CIPA Hall. Full details are after the break or you can click here and jump straight to the CIPA Events page to book your place. (more…)
Last week IPcopy wrote about a draft paper from the legal working group of the preparatory committee that discusses the European Patent Litigation Certificate and the other “appropriate qualifications” that are mentioned under Article 48(2) of the Unified Patent Court Agreement and are required for EPAs to have rights of representation at the UPC.
At the time of writing last week’s article the draft paper was not online but this changed over the weekend when the Twitter user @EPpatent posted a link to a Google docs copy of the paper. The draft paper can be found in our article European Patent Litigation Certificate (& other appropriate qualifications) which has been updated.
While you are checking out the draft paper, take a look at some of the comments on the earlier post, especially the one from IP Frog!
Mark Richardson 10 March 2014
[Note: see also the post on 18 June 2014 relating to the public consultation for the EPLC proposals. Closing date is 25 July 2014. ipcopymark 18 June 2014]
Back in January this year CIPA and the IPO held a joint open meeting to discuss the issue of representation before the Unified Patent Court. This is a very important topic for patent attorneys and the CIPA/IPO meeting explored whether UK patent attorneys (who are EPAs) would have rights of representation at the UPC or whether additional qualifications would be necessary. IPcopy’s reports on this meeting are at the following links – Part I and Part II.
Last week an article went up on the Law Society Gazette asking “Who can act in European patents?” and reference was made in this article to a draft paper that has recently been produced by the legal working group of the preparatory committee. IPcopy had not seen this paper (or even heard of its existence) but the author of the Law Society article was kind enough to provide us with a copy. [Update: a copy of the draft paper has now appeared online and can be accessed here. 10/3/14]
In our view, if you are a European Patent Attorney, then this report does not make for happy reading. If the views expressed in the CIPA/IPO meeting are anything to go by then this seems especially the case if you are an EPA and UK patent attorney. IPcopy summarises the main points of the draft paper below. (more…)
In Part I of our review of the meeting we looked at the opening set of remarks provided by Neil Feinson of the IPO, Vicki Salmon’s discussion of Article 48 of the Unified Patent Court Agreement (copy here) and Chris Mercer’s review of Rule 286 of the Rules of Procedure of the Unified Patent Court (current on the 15th draft, a copy of which can be accessed here).
In this post we focus on the thoughts made by The Hon Mr Justice Birss in summing up the meeting. It is noted that Mr Justice Birss stressed that any views he made were not an endorsement of the official UK position and that he reserved the right to change his mind! (more…)
This is the first of two posts (the second will go up on IPcopy tomorrow) to cover the issues discussed in the meeting and in this post we will look at the arguments being put forward in support of patent attorneys having rights of representation in the UPC. Tomorrow’s post will highlight some of the comments from the floor and closing remarks made during the meeting.