Unified Patent Court Agreement Pdf

2. The management committee may amend this agreement to bring it into line with international patent law or EU law. The Court of Appeal would have its headquarters in Luxembourg and would also serve as a register. [11] EPO President Antonio Campinos welcomed the news and said: “Today`s adoption by the Bundestag brings us closer to the much-anticipated implementation of the unitary patent package. Once this is done, European inventors will finally benefit from the unitary patent, which offers them unitary patent protection and, furthermore, a unified system of litigation in all participating EU Member States. This will make Europe even more attractive for innovation and investors – and will contribute to the economic recovery in the face of the COVID 19 crisis. (6) The procedural language of the Central Division is the language in which the patent in question was issued. CONSIDERING that this agreement is expected to enter into force on January 1, 2014 or the first day of the fourth month following the 13th filing; Contracting States that have filed their instruments of ratification or accession include three states in which the largest number of European patents were in force in the year prior to the signing of the agreement or on the first day of the fourth month following the effective date of the amendments to Regulation (EU) 1215/2012 (2) relating to their relationship with this agreement, if so, the date of entry into force. Without prejudice to the provisions of Article 24, paragraphs 2 and 3, if the purpose of the patent is a procedure for obtaining a new product, the same product, if manufactured without the consent of the patent holder, is taken for granted by the patented process in the absence of evidence to the contrary. to refer the matter to the Central Division for decision, with the agreement of the parties. (1) At the request of the applicant who has provided reasonably available evidence to support the assertion that the patent has been infringed or is about to be infringed, the Court may, prior to the initiation of proceedings on the merits, order a party not to remove from its jurisdiction all the assets established there or not to act in any asset, whether in its jurisdiction or not. actions relating to the use of the invention prior to the issuance of the patent or the right based on the prior use of the invention; the use of the patented invention on board ships belonging to countries of the International Union for the Protection of Industrial Property (Paris Union) or members of the World Trade Organization, with the exception of the contracting Member States in which the patent is valid, in the body of that ship, in machinery, equipment and other accessories, when these vessels temporarily or accidentally enter the waters of a contracting Member State where this patent is valid, provided that the invention is used exclusively for the purposes of the ship; CONSIDERING that, like any national court, the unified patent court must respect and apply EU law and, in cooperation with the European Court of Justice, as guardian of EU law, ensure its correct application and uniform interpretation; in particular, the Unified Patent Court must cooperate with the European Court of Justice to properly interpret EU law on the basis of its jurisprudence and by requesting prejudicial references in accordance with Article 267 of the EUF; CONSIDERING that the unified patent court should be a common jurisdiction of the contracting Member States and, therefore, be part of their legal system, only competent for European unitary patents and European patents issued in accordance with the provisions of the EBE; 1.