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European Patent Litigation Certificate – responses to consultation
Before 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…)
Unitary patent: News nuggets (August 2014)
Things in unitary patent preparation land are beginning to slow down a little as we head into the summer season. Things will no doubt pick up again in the autumn but in the meantime here’s some nuggets of news to keep you going. (more…)
European Patent Litigation Certificate – Response to Consultation
The 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.
European Patent Litigation Certificate – CIPA’s Public Consultation Seminar
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…)
European Patent Litigation Certificate – Public Consultation
As noted yesterday the Legal Working Group of the Preparatory Committee has 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.
Our initial thoughts on the consultation document (with reference back to the earlier version of this proposal) are noted below. We would welcome your thoughts in the comments section. (more…)
Consultation Craziness
Not one, not two but three different patent related consultations have popped up in the last week or so, relating variously to the implementation of the Intellectual Property Act 2014, the implementation of the Unified Patent Court in the UK and the European Patent Litigation Certificate (required for European Patent Attorneys to have the right to represent clients in the Unified Patent Court).
The various consultations, their deadlines and a brief overview of each consultation are noted below. We’ll try and chime in with some more detailed thoughts in follow up posts. (more…)
UPC: Preparatory Committee Progress Report
The website for the Preparatory Committee for the Unified Patent Court has just been updated with a progress report. Some highlights from the report are as follows: (more…)
European Patent Litigation Certificate (Draft Paper now online)
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
IPcopy 