A guide to the UPC and the UP - Flipbook - Page 191
national courts has been transferred to the Court. Therefore, there is a reasonable presumption
that, in relation to the 1965 Hague Service Convention (which many Contracting Member States
have signed), 186 where the Court requests assistance in the service of documents, it should be
recognised by the other signatories. Should these methods for serving the SoC prove
unsuccessful, the RoP authorises the Court to permit service by alternative means as set
out in r.275 RoP. 187
Service of Other Written Pleadings
11-102 The Registry shall serve other pleadings on the other party by means of electronic
communication as soon as practicable, unless the pleadings contain a request for an ex parte
proceeding. 188 Where service by electronic communication cannot be performed, the secondary
options are service by: 189
– Registered letter with acknowledgment of receipt (or equivalent); or
– Any method authorised by the Court under r.275 RoP (service by an alternative method). 190
11-103 Alternatively, other pleadings may be served on a party’s representative. 191 The rules on when
service is deemed to have taken place applicable to a SoC also apply to other pleadings. 192
Service of Orders and Decisions
11-104 The rules applying to service of the SoC also apply to the service of orders and decisions. 193
11-105 Decisions by default 194 resulting from failure of the defendant to lodge a defence to a statement
of revocation or failure to lodge a defence to a statement for a DNI within the set time limit may
be served on the defendant at the place of business of the professional representative or legal
practitioner as defined by art.134 EPC who is recorded as the appointed representative in the
register for the unitary patent protection at the EPO or in the national patent register. 195
Change of Electronic Address for Service
11-106 Where a party changes its electronic address for service, that party must give notice in writing
of the change as soon as it has taken place, both to the Registry and every other party.
186
187
188
189
190
191
192
193
194
195
A full list can be found here: https://www.hcch.net/en/instruments/conventions/status-table/?cid=17 [Accessed 13 April 2023]
See paragraph 11-94.
r.278(1) RoP.
r.278(2) RoP.
See paragraph 11-94.
r.278(5) RoP.
r.278(4) RoP. See paragraph 11-96.
r.276(1) RoP. See paragraphs 11-90 to 11-101.
Pursuant to r.355 RoP. See paragraphs 11-141 to 11-152.
r.276(2) RoP.
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A Guide to the UPC and the UP 181
