= Rules of Procedure of the Unified Patent Court (RoP) =

== Rule 60 ==

=== Declaration of non-infringement ===

 1. A declaration that the performance of a specific act does not, or a proposed act would not, constitute an infringement of a patent may be made by the Court in proceedings between the person doing or proposing to do the act and the patent proprietor or licensee entitled to commence infringement proceedings pursuant to [[UPCA_047|Article 47]] of the Agreement, if the patent proprietor or such licensee has asserted that the act is an infringement, or, if no such assertion has been made by the patent proprietor or licensee, if 

  (a) that person has applied in writing to the proprietor or licensee for a written acknowledgment to the effect of the declaration claimed, and has provided him with full particulars in writing of the act in question and <<BR>>
  (b) the proprietor or licensee has refused or failed to give any such acknowledgment within one month. 

 2. The action for a declaration shall be directed against the proprietor of the patent or the licensee who has asserted an infringement or refused or failed to give an acknowledgement pursuant to paragraph 1(b). 

== Notes ==

'''Status:''' [[UPCA_RoP_15th_Draft|15th draft of 31st May 2013]]