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Rules of Procedure of the Unified Patent Court (RoP)

Rule 345

Composition of panels and assignment of actions

  1. The presiding judge of each local or regional division (being the judge in the division appointed by the Presidium as the presiding judge of the division) shall allocate the legally qualified judges assigned to his division to its panels for the duration of one year. He shall previously consult all judges of the division. The allocation shall be subject to the approval of the President of the Court of First Instance.
  2. The allocation shall be in conformity with Article 8 of the Agreement.
  3. The actions pending in the division shall be assigned to the panels by the Registrar following a action-distribution-scheme established by the presiding judge of the division for the duration of one calendar year, preferably distributing the actions accordingly to the date of receipt of the actions at the division. Paragraph 1, sentences 2 and 3 shall apply mutatis mutandis to the establishment of the action-distribution-scheme.
  4. Each panel may delegate to one of more judges of the panel
    • (a) the function of acting as a single judge or
      (b) the function of acting for the panel in the procedures of Part 1 Chapter 4 (Procedure for the Determination of Damages and Compensation, including the procedure for the laying open of books) and Chapter 5 (Procedure for Cost Orders). These functions may be delegated to the judge-rapporteur who has prepared the action for the oral hearing.

  5. The presiding judge of the division shall designate a judge assigned to his division as a standing judge for urgent actions. The assignment may be limited to certain periods of time.
  6. If all parties agree to having the action heard by a single judge, the presiding judge of the panel to which the action is allocated shall assign the action to a legally qualified judge of the panel.
  7. Paragraphs 1 to 6 shall apply mutatis mutandis to the central division. All references to the presiding judge of the division shall, regarding the central division, refer to the President of the Court of First Instance.
  8. Paragraphs 1 to 6 shall apply mutatis mutandis to the Court of Appeal. All references to the presiding judge of the division shall, regarding the Court of Appeal, refer to the President of the Court of Appeal.

Notes

Relation with draft Statute: Article 19

Status: 15th draft of 31st May 2013