Rules of Procedure of the Unified Patent Court (RoP)
Rule 287
Attorney-client privilege
- Where a client seeks advice from a lawyer he has instructed in a professional capacity, whether in connection with proceedings before the Court or otherwise, then any confidential communication (whether written or oral) between them relating to the seeking or the provision of that advice is privileged from disclosure, whilst it remains confidential, in any proceedings before the Court or in arbritration or mediation proceedings before the Centre.
- This privilege applies also to communications between a client and a lawyer employed by the client and instructed to act in a professional capacity and a client and a patent attorney (including a patent attorney employed by the client) who is instructed in his professional capacity to advise on patent matters.
- This privilege extends to the work product of the lawyer or patent attorney (including communications between lawyers and/or patent attorneys employed in the same firm or entity or between lawyers and/or patent attorneys employed by the same client) and to any record of a privileged communication.
- This privilege prevents the lawyer or patent attorney and his client from being questioned or examined about the contents or nature of their communications;
- This privilege may be expressly waived by the client.
- The expressions “lawyer” shall mean a person who is qualified to practice as a lawyer and to give legal advice under the law of the state where he practises and who is professionally instructed to give such advice. This shall include persons possessing a law degree (jurist) who are authorised by the Swedish Patent Attorneys Board or equivalent body in a Contracting Member State and the expression “patent attorney” shall mean a person who is recognised as eligible to give advice under the law of the state where he practices in relation to the protection of any invention or to the prosecution or litigation of any patent or patent application and is professionally consulted to give such advice.
The expression “patent attorney” shall also include a professional representative before the European Patent Office pursuant to Article 134}(1) European Patent Convention
Notes
Relation to Agreement: Article 48(4)
Status: 15th draft of 31st May 2013