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Rules of Procedure of the Unified Patent Court (RoP)

Rule 135

Recording in the register (Application for the determination of damages) and service

  1. If the requirements referred to in Rule 131.1 have been complied with, the Registry shall as soon as practicable,

    • (a) record the date of receipt to the Application for the determination of damages,
      (b) record the Application in the register,
      (c) inform the applicant of the date of receipt,
      (d) inform the panel which has given the decision on the merits on infringement that an Application for the determination of damages has been lodged,
      (e) serve the Application upon the unsuccessful party.

  2. The panel which has given the decision on the merits shall be the panel for the determination of damages unless for any reason this is not possible or practical in which case the President of the Court at First Instance or such judge of a division to whom the President has delegated this task shall appoint a fresh panel. Rules 17.2 and 18 shall apply mutatis mutandis.

Notes

Status: 15th draft of 31st May 2013