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| '''PART I – GENERAL AND INSTITUTIONAL PROVISIONS''' '''CHAPTER I – GENERAL PROVISIONS''' |
== PART I – GENERAL AND INSTITUTIONAL PROVISIONS == === CHAPTER I – GENERAL PROVISIONS === |
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| '''CHAPTER II – INSTITUTIONAL PROVISIONS''' | === CHAPTER II – INSTITUTIONAL PROVISIONS === |
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| '''CHAPTER III – JUDGES OF THE COURT''' | === CHAPTER III – JUDGES OF THE COURT === |
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| '''CHAPTER IV – THE PRIMACY OF UNION LAW, LIABILITY AND RESPONSIBILITY OF THE CONTRACTING MEMBER STATES''' | === CHAPTER IV – THE PRIMACY OF UNION LAW, LIABILITY AND RESPONSIBILITY OF THE CONTRACTING MEMBER STATES === |
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| '''CHAPTER V – SOURCES OF LAW AND SUBSTANTIVE LAW''' | === CHAPTER V – SOURCES OF LAW AND SUBSTANTIVE LAW === |
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| '''CHAPTER VI – INTERNATIONAL JURISDICTION AND COMPETENCE''' | === CHAPTER VI – INTERNATIONAL JURISDICTION AND COMPETENCE === |
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| '''CHAPTER VII – PATENT MEDIATION AND ARBITRATION''' | === CHAPTER VII – PATENT MEDIATION AND ARBITRATION === |
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| '''PART II – FINANCIAL PROVISIONS''' | == PART II – FINANCIAL PROVISIONS == |
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'''PART III – ORGANISATION AND PROCEDURAL PROVISIONS''' '''CHAPTER I – GENERAL PROVISIONS''' |
== PART III – ORGANISATION AND PROCEDURAL PROVISIONS == == CHAPTER I – GENERAL PROVISIONS == |
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| '''CHAPTER II – LANGUAGE OF PROCEEDINGS''' | === CHAPTER II – LANGUAGE OF PROCEEDINGS === |
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| '''CHAPTER III – PROCEEDINGS BEFORE THE COURT''' | === CHAPTER III – PROCEEDINGS BEFORE THE COURT === |
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| '''CHAPTER IV – POWERS OF THE COURT''' | === CHAPTER IV – POWERS OF THE COURT === |
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| '''CHAPTER V – APPEALS''' | === CHAPTER V – APPEALS === |
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| '''CHAPTER VI - DECISIONS''' | === CHAPTER VI - DECISIONS === |
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| ARTICLE 81 Rehearing | ARTICLE 81 Rehearing ARTICLE 81 Rehearing |
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| '''PART IV – TRANSITIONAL PROVISIONS''' | === PART IV – TRANSITIONAL PROVISIONS === |
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| '''PART V – FINAL PROVISIONS''' | === PART V – FINAL PROVISIONS === |
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Unified Patent Court (UPC)
PART I – GENERAL AND INSTITUTIONAL PROVISIONS
CHAPTER I – GENERAL PROVISIONS
ARTICLE 1 Unified Patent Court
ARTICLE 2 Definitions
ARTICLE 3 Scope of application
ARTICLE 4 Legal status
ARTICLE 5 Liability
CHAPTER II – INSTITUTIONAL PROVISIONS
ARTICLE 6 The Court
ARTICLE 7 The Court of First Instance
ARTICLE 8 Composition of the panels of the Court of First Instance
ARTICLE 9 The Court of Appeal
ARTICLE 10 The Registry
ARTICLE 11 Committees
ARTICLE 12 The Administrative Committee
ARTICLE 13 The Budget Committee
ARTICLE 14 The Advisory Committee
CHAPTER III – JUDGES OF THE COURT
ARTICLE 15 Eligibility criteria for the appointment of judges
ARTICLE 16 Appointment procedure
ARTICLE 17 Judicial independence and impartiality
ARTICLE 18 Pool of Judges
ARTICLE 19 Training framework
CHAPTER IV – THE PRIMACY OF UNION LAW, LIABILITY AND RESPONSIBILITY OF THE CONTRACTING MEMBER STATES
ARTICLE 20 Primacy of and respect for Union law
ARTICLE 21 Requests for preliminary rulings
ARTICLE 22 Liability for damage caused by infringements of Union law
ARTICLE 23 Responsibility of the Contracting Member States
CHAPTER V – SOURCES OF LAW AND SUBSTANTIVE LAW
ARTICLE 24 Sources of law
ARTICLE 25 Right to prevent the direct use of the invention
ARTICLE 26 Right to prevent the indirect use of the invention
ARTICLE 27 Limitations of the effects of a patent
ARTICLE 28 Right based on prior use of the invention
ARTICLE 29 Exhaustion of the rights conferred by a European patent
ARTICLE 30 Effects of supplementary protection certificates
CHAPTER VI – INTERNATIONAL JURISDICTION AND COMPETENCE
ARTICLE 31 International jurisdiction
ARTICLE 32 Competence of the Court
ARTICLE 33 Competence of the divisions of the Court of First Instance
ARTICLE 34 Territorial scope of decisions
CHAPTER VII – PATENT MEDIATION AND ARBITRATION
ARTICLE 35 Patent mediation and arbitration centre
PART II – FINANCIAL PROVISIONS
ARTICLE 36 Budget of the Court
ARTICLE 37 Financing of the Court
ARTICLE 38 Financing of the training framework for judges
ARTICLE 39 Financing of the Centre
PART III – ORGANISATION AND PROCEDURAL PROVISIONS
CHAPTER I – GENERAL PROVISIONS
ARTICLE 40 Statute
ARTICLE 41 Rules of Procedure
ARTICLE 42 Proportionality and fairness
ARTICLE 43 Case management
ARTICLE 44 Electronic procedures
ARTICLE 45 Public proceedings
ARTICLE 46 Legal capacity
ARTICLE 47 Parties
ARTICLE 48 Representation
CHAPTER II – LANGUAGE OF PROCEEDINGS
ARTICLE 49 Language of proceedings at the Court of First Instance
ARTICLE 50 Language of proceedings at the Court of Appeal
ARTICLE 51 Other language arrangements
CHAPTER III – PROCEEDINGS BEFORE THE COURT
ARTICLE 52 Written, interim and oral procedures
ARTICLE 53 Means of evidence
ARTICLE 54 Burden of proof
ARTICLE 55 Reversal of burden of proof
CHAPTER IV – POWERS OF THE COURT
ARTICLE 56 The general powers of the Court
ARTICLE 57 Court experts
ARTICLE 58 Protection of confidential information
ARTICLE 59 Order to produce evidence
ARTICLE 60 Order to preserve evidence and to inspect premises
ARTICLE 61 Freezing orders
ARTICLE 62 Provisional and protective measures
ARTICLE 63 Permanent injunctions
ARTICLE 64 Corrective measures in infringement proceedings
ARTICLE 65 Decision on the validity of a patent
ARTICLE 66 Powers of the Court concerning decisions of the European Patent Office
ARTICLE 67 Power to order the communication of information
ARTICLE 68 Award of damages
ARTICLE 69 Legal costs
ARTICLE 70 Court fees
ARTICLE 71 Legal aid
ARTICLE 72 Period of limitation
CHAPTER V – APPEALS
ARTICLE 73 Appeal
ARTICLE 74 Effects of an appeal
ARTICLE 75 Decision on appeal and referral back
CHAPTER VI - DECISIONS
ARTICLE 76 Basis for decisions and right to be heard
ARTICLE 77 Formal requirements
ARTICLE 78 Decisions of the Court and dissenting opinions
ARTICLE 79 Settlement
ARTICLE 80 Publication of decisions
ARTICLE 81 Rehearing
ARTICLE 81 Rehearing
ARTICLE 82 Enforcement of decisions and orders
PART IV – TRANSITIONAL PROVISIONS
ARTICLE 83 Transitional regime
PART V – FINAL PROVISIONS
ARTICLE 84 Signature, ratification and accession
ARTICLE 85 Functions of the depositary
ARTICLE 86 Duration of the Agreement
ARTICLE 87 Revision
ARTICLE 88 Languages of the Agreement
ARTICLE 89 Entry into force