A guide to the UPC and the UP - Flipbook - Page 196
– The defendant does not have proper knowledge of the language of the proceedings.
Using the Language of the Patent
11-122 As noted above, proceedings in the central division are always in the language of the patent.
However, under certain conditions, the language in which the patent was granted may also be
used as the language of proceedings before the local or regional division, even if that language
is not a designated language of the division.
Agreement Between the Parties
11-123 The parties may agree on the use of the language of the patent. 217 This is, however, subject to
approval by the panel. An application has to be lodged by the parties and will be decided by
the panel as soon as practicable. 218
11-124 The application to use the language of the patent may be made at any time during the written
procedure. 219 However, the application must specify whether existing pleadings and other
documents should be translated and at whose cost. If the parties cannot agree such details,
the judge-rapporteur or the President of the Court of First Instance, as the case may be, will
decide the issue. 220
11-125 If the panel does not approve the application, the parties may request that the case be referred
to the central division. 221
Of the Court’s Own Motion
11-126 The judge-rapporteur may propose using the language of the patent at any time during the
written procedure and the interim procedure, either of his or her own motion or at the request
of a party. The change of the language of the proceedings is subject to agreement by the parties
and the panel. The panel will make its decision on the grounds of convenience and fairness. 222
At the Request of a Party
11-127 One of the parties may make an application to use the language of the patent as the language
of proceedings. Such an application is to be included in the SoC or in the SoD. After having
heard the other parties and the panel, the decision on the language is made by the President
of the Court of First Instance on grounds of fairness and taking into account all relevant
circumstances, in particular the position of the defendant. The President may make the order
conditional on specific arrangements for translations and interpretation. 223
11-128 When the language of the proceedings is changed in the course of the proceedings by the
application of one or both of the parties, it should be specified in the application whether
existing pleadings and other documents should be translated and at whose cost. If the parties
cannot agree, the judge-rapporteur will decide the issue having consulted the panel. 224
217
218
219
220
221
222
223
224
art.49(3) UPCA.
r.321 RoP.
r.321(1) RoP.
r.324 RoP.
art.49(3) UPCA.
art.49(4) UPCA and r.322 RoP.
art.49(5) UPCA and r.323 RoP.
r.324 RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 186
