A guide to the UPC and the UP - Flipbook - Page 192
Figure 11-2: Service Options
In a Contracting Member State
Service by electronic means on the defendant or on
their legal representative (or if serving a declaration
of non-infringement or statement for revocation,
on their patent attorney)
Not in a Contracting Member State
Within the EU but
not a Contracting
Member State
Outside the EU
Service Regulation
If this is not possible then:
• Use the Service Regulation (not applicable
in Denmark); or
• Attempt service by any local permitted
method as authorised by the Court
Hague Service Convention allows service through:
• Diplomatic channels; or
• Any local permitted method as authorized
by the Court
An alternative method of service:
• On application by the claimant;
• If there is good reason; and
• Provided not contrary to the law of the state where service is to be effected.
Language Regime, Translations and Interpretation
Language of Proceedings in the Local and Regional Divisions
11-107 The language of proceedings will be an official language of the Contracting Member State
hosting the relevant division or an official language designated by the Contracting Member
States sharing a regional division in which the action is commenced. In the event that a
Contracting Member State setting up a local division has, or Contracting Member States sharing
a regional division have, more than one official language, they may designate only one or
several of those languages as the official language of the proceedings. 196 In addition to or
instead of their official languages, Contracting Member States may designate one or more
official EPO languages (French, German or English) as the language of proceedings of their
local or regional division. 197
11-108 For example, Belgium has three official national languages (Dutch, French and German) and
has designated all three languages as languages of proceedings in its local division in Brussels,
together with English (as an additional EPO language). Proceedings in the local division in
Brussels may therefore be conducted in one of these four languages. Finland has also
designated both its official languages (Finnish and Swedish) and an additional EPO language
(English) as the languages of proceedings in its local division in Helsinki. The Nordic-Baltic
division (Sweden, Estonia, Latvia, and Lithuania) has chosen not to designate any of their official
languages as languages of proceedings in their regional division which is to be set up in
Stockholm. Proceedings in the Nordic-Baltic division will be conducted solely in English.
Table 11-1 sets out the languages used by each division of the Court of First Instance. At the
196
197
art.49(1) UPCA.
art.49(2) UPCA.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 182
