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 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