|
Size: 4760
Comment:
|
Size: 4767
Comment:
|
| Deletions are marked like this. | Additions are marked like this. |
| Line 3: | Line 3: |
== '''PART I – GENERAL AND INSTITUTIONAL PROVISIONS''' == === '''CHAPTER I – GENERAL PROVISIONS''' === ARTICLE 1 Unified Patent Court\\ |
== PART I – GENERAL AND INSTITUTIONAL PROVISIONS == === CHAPTER I – GENERAL PROVISIONS === ARTICLE 1 Unified Patent Court |
| Line 11: | Line 10: |
| Line 12: | Line 12: |
| Line 13: | Line 14: |
| Line 15: | Line 17: |
| '''CHAPTER II – INSTITUTIONAL PROVISIONS''' | === CHAPTER II – INSTITUTIONAL PROVISIONS === |
| Line 18: | Line 20: |
| Line 19: | Line 22: |
| Line 20: | Line 24: |
| Line 21: | Line 26: |
| Line 22: | Line 28: |
| Line 23: | Line 30: |
| Line 24: | Line 32: |
| Line 25: | Line 34: |
| Line 27: | Line 37: |
| '''CHAPTER III – JUDGES OF THE COURT''' | === CHAPTER III – JUDGES OF THE COURT === |
| Line 30: | Line 40: |
| Line 31: | Line 42: |
| Line 32: | Line 44: |
| Line 33: | Line 46: |
| Line 35: | Line 49: |
| '''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 === |
| Line 38: | Line 52: |
| Line 39: | Line 54: |
| Line 40: | Line 56: |
| Line 42: | Line 59: |
| '''CHAPTER V – SOURCES OF LAW AND SUBSTANTIVE LAW''' | === CHAPTER V – SOURCES OF LAW AND SUBSTANTIVE LAW === |
| Line 45: | Line 62: |
| Line 46: | Line 64: |
| Line 47: | Line 66: |
| Line 48: | Line 68: |
| Line 49: | Line 70: |
| Line 50: | Line 72: |
| Line 52: | Line 75: |
| '''CHAPTER VI – INTERNATIONAL JURISDICTION AND COMPETENCE''' | === CHAPTER VI – INTERNATIONAL JURISDICTION AND COMPETENCE === |
| Line 55: | Line 78: |
| Line 56: | Line 80: |
| Line 57: | Line 82: |
| Line 59: | Line 85: |
| '''CHAPTER VII – PATENT MEDIATION AND ARBITRATION''' | === CHAPTER VII – PATENT MEDIATION AND ARBITRATION === |
| Line 64: | Line 90: |
| '''PART II – FINANCIAL PROVISIONS''' | == PART II – FINANCIAL PROVISIONS == |
| Line 67: | Line 93: |
| Line 68: | Line 95: |
| Line 69: | Line 97: |
| Line 71: | Line 100: |
'''PART III – ORGANISATION AND PROCEDURAL PROVISIONS''' '''CHAPTER I – GENERAL PROVISIONS''' |
== PART III – ORGANISATION AND PROCEDURAL PROVISIONS == == CHAPTER I – GENERAL PROVISIONS == |
| Line 77: | Line 105: |
| Line 78: | Line 107: |
| Line 79: | Line 109: |
| Line 80: | Line 111: |
| Line 81: | Line 113: |
| Line 82: | Line 115: |
| Line 83: | Line 117: |
| Line 84: | Line 119: |
| Line 86: | Line 122: |
| '''CHAPTER II – LANGUAGE OF PROCEEDINGS''' | === CHAPTER II – LANGUAGE OF PROCEEDINGS === |
| Line 89: | Line 126: |
| Line 90: | Line 128: |
| Line 92: | Line 131: |
| '''CHAPTER III – PROCEEDINGS BEFORE THE COURT''' | === CHAPTER III – PROCEEDINGS BEFORE THE COURT === |
| Line 95: | Line 134: |
| Line 96: | Line 136: |
| Line 97: | Line 138: |
| Line 99: | Line 141: |
| '''CHAPTER IV – POWERS OF THE COURT''' | === CHAPTER IV – POWERS OF THE COURT === |
| Line 102: | Line 144: |
| Line 103: | Line 146: |
| Line 104: | Line 148: |
| Line 105: | Line 150: |
| Line 106: | Line 152: |
| Line 107: | Line 154: |
| Line 108: | Line 156: |
| Line 109: | Line 158: |
| Line 110: | Line 160: |
| Line 111: | Line 162: |
| Line 112: | Line 164: |
| Line 113: | Line 166: |
| Line 114: | Line 168: |
| Line 115: | Line 170: |
| Line 116: | Line 172: |
| Line 117: | Line 174: |
| Line 119: | Line 177: |
| '''CHAPTER V – APPEALS''' | === CHAPTER V – APPEALS === |
| Line 121: | Line 180: |
| Line 122: | Line 182: |
| Line 124: | Line 185: |
| '''CHAPTER VI - DECISIONS''' | === CHAPTER VI - DECISIONS === |
| Line 127: | Line 188: |
| Line 128: | Line 190: |
| Line 129: | Line 192: |
| Line 130: | Line 194: |
| Line 132: | Line 197: |
| ---- /!\ '''Edit conflict - other version:''' ---- | |
| Line 135: | Line 199: |
| ---- /!\ '''Edit conflict - your version:''' ---- | |
| Line 138: | Line 201: |
| ---- /!\ '''End of edit conflict''' ---- | |
| Line 141: | Line 203: |
| '''PART IV – TRANSITIONAL PROVISIONS''' | === PART IV – TRANSITIONAL PROVISIONS === |
| Line 145: | Line 207: |
| '''PART V – FINAL PROVISIONS''' | === PART V – FINAL PROVISIONS === |
| Line 148: | Line 210: |
| Line 149: | Line 212: |
| Line 150: | Line 214: |
| Line 151: | Line 216: |
| Line 152: | Line 218: |
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