A guide to the UPC and the UP - Flipbook - Page 188
documents lodged with pleadings) are marked by the Registry with the local time and date of
their receipt at the Registry. 149
11-86 Only where it is not possible to lodge a document electronically may a party lodge the
document in hard-copy form. Even then, a party is expected to lodge an electronic copy of the
document as soon as practicable thereafter. 150
11-87 Where a party has to pay a fee when lodging an action or when filing a request or claim in a
pending action, the action or request shall not be deemed to have been lodged until the fee has
been paid. 151 There are a very few exceptions to this rule, namely urgent applications, and cases
where an order for legal aid has been made. 152
11-88 Provided the Registry finds nothing wrong with the formal requirements of a pleading, it will
record the date of receipt of the pleading in the register. In relation to pleadings initiating
actions, this date is regarded as the date on which an action is commenced. 153
Service by the Registry
11-89 The Registry is responsible for service of orders and decisions of the Court on the parties and
of written pleadings and other documents of a party on the other party. The Registry must also
supply parties with copies of documents lodged with pleadings and written evidence. 154
Service of a SoC in a Contracting Member State
Means and Methods of Service
11-90 Electronic communication has been chosen as the primary method for service of proceedings
in the Court. If the conditions in art.19 Service Regulation are met, 155 the Registry may serve the
SoC on the defendant at an electronic address which the defendant has provided for the
purpose; 156 on a representative 157 if the defendant has provided an electronic address to the
Registry; or if a representative has notified the Registry or the claimant of this option. 158
11-91 Where a representative accepts service on behalf of a party, service may be effected within the
Case Management System. 159
11-92 Where service cannot be effected by electronic means, the Registry shall use any other method
foreseen in the Service Regulation, although serving the SoC by registered letter as described in
art.18 Service Regulation is mentioned in particular. 160
11-93 The primary form of serving documents under the Service Regulation is service in accordance
with the law of the addressee’s Member State, or by a particular method requested by the
149
150
151
152
153
154
155
156
157
158
159
160
r.261 RoP.
r.4(2) RoP.
r.15(2) RoP. This is consistent with art.70 UPCA which provides that Court fees shall be paid in advance unless the RoP
provide otherwise.
rr.371(3) and (5) RoP.
rr.17(1) and (4) RoP.
rr.6(1) and (2) RoP.
These conditions can be summarised as the addressee giving express consent to the use of electronic means for service.
r.271(1)(a) RoP.
Either a representative according to art.48 UPCA or, for the purpose of serving a statement for revocation (r.44 RoP) or a
statement for a DNI (r.63 RoP), a representative includes professional representatives and legal practitioners as defined in
art.134 EPC who are recorded as the appointed representatives for the patent in the European Patent Register kept by the EPO
or in the national patent register (rr.271(3) and 271(5)(c) RoP).
r.271(1) RoP.
r.271(2) RoP.
According to art.18 Service Regulation “The service of judicial documents may be effected directly by postal services on persons
present in another Member State by registered letter with acknowledgement of receipt or equivalent.”
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A Guide to the UPC and the UP 178
