Dr. Ingve Björn Stjerna, LL.M.

EU Patent Reform: Silent correction attempts,

Article on the quiet revision of the Rules of Procedure of the Unified Patent Court as regards the availability of legal aid for legal persons (Published on 19/11/2018)


Contents:

The Preparatory Committee of the Unified Patent Court has secretly and quietly amended the rules on legal aid in the UPC Rules of Procedure, making it available also to legal persons. Although this is a mandatory requirement of affording effective legal protection according to the case law of the CJEU, the possibility of claiming legal aid has so far been limited to natural persons. However, the secret attempt to retroactively establish conditions compatible with Union law in that regard, by changing the Rules of Procedure is unlikely to work, since the Agreement on a Unified Patent Court still restricts legal aid to natural persons, which the Rules of Procedure, as lower-ranking law, cannot override.

  • Download English version (Article of 19/11/2018)
  • Download German version (Article of 19/11/2018)


Sources used:

  • Link to the article Stjerna, “The European Patent Reform – The expert teams of the Preparatory Committee” (PDF).
  • Link to the article Stjerna, “The European Patent Reform – Urgently needed: A legal basis for the »opt-out« fee” (PDF).
  • Link to the document “Public Consultation on the Rules on Court fees and recoverable costs” (PDF).
  • Link to the document “Rules on Court fees and recoverable costs” of 25/02/2016 (PDF).
  • Link to the press statement of the UK government “Zero opt out fee agreed for Unified Patent Court” of 29/02/2016.
  • Link to the article Stjerna, “The European Patent Reform – A poisoned gift for SMEs” (PDF).
  • Link to the 18th draft of the UPC Rules of Procedure, version of 01/07/2015 (PDF).
  • Link to decision CJEU, C-279/09, judgment of 22/12/2010 – DEB Deutsche Energiehandels- und Beratungsgesellschaft mbH / Bundesrepublik Deutschland.
  • Link to the communication by the PC-UPC “12th meeting of the Preparatory Committee – 19 October 2015” of 20/10/2015.
  • Link to the 18th draft of the UPC Rules of Procedure, version of 19/10/2015 (PDF).
  • Link to the communication by the PC-UPC“17th Preparatory Committee – 30 June 2016” of 01/07/2016.
  • Link to the 18th draft of the UPC Rules of Procedure, version of 30/06/2016 (PDF).
  • Link to the communication by the PC-UPC “18th Preparatory Committee – 10 October 2016” of 12/10/2016.
  • Link to the 18th draft of the UPC Rules of Procedure, version of 10/10/2016 (PDF).
  • Link to the communication by the PC-UPC “Draft Rules of Procedure – updated March 2017” of 12/10/2016.
  • Link to the 18th draft of the UPC Rules of Procedure, version of 15/03/2017 (PDF).


Further material:

  • Link to the article Stjerna, “The European Patent Reform – Silent correction attempts” (PDF).
  • Link to the article Stjerna, “The European Patent Reform – The Preparatory Committee of the UPC, its »Expert Panel« and their support of SMEs” (PDF).
  • Link to the post Stjerna, “The European Patent Reform – The »forgotten« documents of the Preparatory Committee of the Unified Patent Court”.
  • Link to Stjerna, Official information obtained under the German Federal Freedom of Information Act.
  • Link to Stjerna, The Parliamentary History of the European “Unitary Patent” (Tredition 2016), the foreword can be viewed here.


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