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European Patent Litigation Certificate – responses to consultation

EU flagBefore the summer recess the Unified Patent Court Preparatory Committee ran a consultation on the European Patent Litigation Certificate (EPLC). Regular readers will recall that this certificate links to Article 48 of the UPC Agreement which states that parties may either be represented by lawyers authorised to practice before a court of a Contracting Member State or by European Patent Attorneys who have “appropriate qualifications such as a European Patent Litigation Certificate”.

The consultation closed on 25 July and, according to the latest Preparatory Committee roadmap, a revised version of the EPLC rules is expected early 2015. In the meantime one of our Twitter followers (thank you Guillaume S./@EPpatent) kindly pointed us at the Bristows UPC website where a few of the responses to the EPLC consultation are hosted.

Given that these responses include representatives from patent attorneys and also from lawyers we thought it might be fun to see how far apart the responses were! (more…)

European Patent Litigation Certificate – Response to Consultation

Unified patent courtThe Legal Working Group of the Preparatory Committee has recently launched a consultation on their proposals for the European Patent Litigation Certificate. The consultation timeframe is relatively short and runs until Friday 25 July 2014. Comments are to submitted electronically to secretariat@unified-patent-court.org. The consultation document can be found here and an explanatory memorandum can be found here.

At a recent CIPA seminar The Hon Mr Justice Birss suggested that the best way to influence the Prep Committee’s position on the content and form of the EPLC would be to present a united front with other countries in Europe. To that end IPcopy would be interested to hear from readers in other countries, e.g. Ireland, Sweden, the Netherlands, regarding their reaction to the content of the EPLC proposal. Additionally if any reader wants to share their response to the consultation then IPcopy will be happy to start a consultation round-up post.

The comments below form the basis of this ipcopywriter’s response to the EPLC consultation. These are personal views.

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European Patent Litigation Certificate (& other appropriate qualifications)

Unified patent court[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…)