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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:  30 Sep 2017
Format:  Hardback
PRODUCT INCLUDES:
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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 to the Unitary Patent
2. Patent applications and securing grant of the Unitary Patent – comparisons with European and National patents
3. Transitional provisions
4. Transactions with Unitary Patents and European Patents subject to the UPC
5. Supplementary Protection Certificates
6. The Court's Structure and Jurisdiction
7. Applicable law
8. Transitional provisions (opting-in and opting-out)
9. Revocation (nullity) of the Unitary Patent (and European Patents subject to the UPC) – substantive law
10. Infringement of the Unitary Patent (and European Patents subject to the UPC) – substantive law
11. Procedures in Disputes concerning Unitary Patents (and European Patents subject to the UPC)
12. Interaction between divisions of the UPC and national courts: Forum Shopping
13. Written Procedure
14. Interim Procedure
15. Oral Procedure
16. Evidence
17. Remedies: Determination of Damages and Compensation
18. Provisional and protective measures
19. Enforcement of Orders; Costs Procedures
20. Appeals: Procedure before the Court of Appeal
21. Legal Representation
22. Settlement and the Patent Mediation and Arbitration Centre
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