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Unified Patent Court Agreement Pdf

The rights conferred by a patent do not cover the following rights: (6) Any other natural or legal person or any other entity which, under its national law, is entitled to appeal and which is concerned by a patent, may bring an action in accordance with the Rules of Procedure. Exhaustion of the rights conferred by a European patent 1. In the event that a decision finding a patent infringement is made, the Court may issue a publication ban against the infringer, which is intended to prohibit the continuation of the infringement. The Tribunal may also issue such an injunction against an intermediary whose services are used by a third party for the infringement of a patent. where the party has established a fact requesting a new hearing, which is such that it is a determining factor and the party requesting the new trial was not known at the time of the decision; Such a request may be satisfied only on the basis of an act committed by a definitively established offence; the use of the product of the harvest by a farmer for reproduction or multiplication by a farmer on his own holding, provided that the plant propagating material has been sold or otherwise marketed to the farmer by the patent holder or with the agreement of the patent holder for agricultural use. The extent and conditions of such use shall be in accordance with those laid down in Article 14 of Regulation (EC) No 1255/2004. 2100/94 (11); supplementary protection certificate issued for a product protected by a patent; 2. Court fees must be paid in advance, unless otherwise provided in the Rules of Procedure. Any party who has not paid a compulsory court fee may be excluded from the continuation of the proceedings. The provisions of private international law (the main elements of which are the Rome I and Rome II Regulations) which are part of EU law and multilateral agreements are the main elements for assessing the application of national law.

As with other courts in the European Union, decisions of the Court of Justice of the European Union are binding on the General Court. The existing competences of the European Patent Office remain unchanged. So-called opposition proceedings, which concern the validity of the patent but not infringement, may also be initiated before the European Patent Office for a period of nine months from the grant of the patent. The decisions of the European Patent Office apply throughout the territory where the European patent is valid, which can therefore count 38 countries. . . .


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