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Unitary Patent and the Unified Patent Court, The
Unitary Patent and the Unified Patent Court, The
Law and Procedure
Practice Area:  Intellectual Property
ISBN:  9780414056206
Published by:  Sweet & Maxwell
Editorial Team:Bird & Bird LLP
Publication Date:  31 Oct 2018
Format:  Hardback
PRODUCT INCLUDES:
Hardback
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PRODUCT DESCRIPTION

This Brand new text from Bird & Bird provides comprehensive coverage of the Unitary Patent and the Unified Patent Court. This text provides the most up-to-date information on the relevant Treaty, legislation and Procedural Rules, but also contains practical guidance on how to handle the local variations which will occur and in respect of which jurisprudence will gradually build up over time.

Main Features:

  • This book outlines the new Unitary Patent and the Unified Patent Court which represent the biggest change to European patent landscape since the European Patent Convention 1977
  • Explains patent applications to the UPC and securing grant of the Unitary Patent, including comparisons with European and National patents
  • Analyses the current legislation and procedural rules surrounding the UPC
  • Describes in detail the structure of the UPC and its jurisdiction, including the relation to jurisdiction of the national courts
  • Covers the various applicable laws and transitional provisions for the States opting in
  • Discusses the revocation and infringement of the Unitary Patent and European Patents subject to the UPC
  • Includes comprehensive guidance on the applications procedure, outlining the common provisions governing the procedure, using visual aids such as flow charts
  • Covers the interaction between divisions of the UPC and national courts
  • Discusses the remedies available and how they are determined
  • Includes comprehensive coverage of the enforcement of Orders
  • Discusses the costs procedure, including separate proceedings for costs decision, appeals and security for costs
  • Describes the various stages of the appeals process before the UPC Court of Appeal
  • Describes the requirements for UPC representatives, Privilege and Code of Conduct
  • Provides guidance on settlement and the Patent Mediation and Arbitration Centre
CONTENTS
1. Introduction
2. Patent Applications and Securing Grant of the Unitary Patent;
3. Transactions with Unitary Patents and European Patents Subject to the Court
4. Supplementary Protection Certificates
5. The Structure of the Court
6. Jurisdiction, Competence & Forum Shopping
7. Applicable Law
8. The Transitional Provisions (Including Opt-outs and Opt-ins)
9. Revocation (Nullity) of the Unitary Patent (and European Patents Subject to the Court) - Substantive Law
10. Infringement  of the Unitary Patent (and European Patents Subject to the Court) - Substantive Law
11. Overview of Procedure and General Procedural Provisions
12. Written Procedure
13. Interim Procedure
14. Oral Procedure
15. Remedies
16. Provisional and Protective Measures
17. Evidence
18. Orders to Produce Evidence Including “Saisies”
19. Confidentiality and the Protection of Trade Secrets
20. Enforcement
21. Court Fees and Recoverable Costs
22. Procedure before the Court of Appeal
23. Settlement and the Patent Mediation and Arbitration Centre
24. Legal Representation, Privilege and Code of Conduct
25. Country Specific Considerations
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