A guide to the UPC and the UP - Flipbook - Page 199
11-135 The claimant may in the SoC request that some or all of the documents listed in the SoC,
including any witness statements referred to, need not be translated. 235 The judge-rapporteur
will decide the issue as soon as practicable after their designation. 236 Similar provisions relate to
the documents listed in the SoD 237 and in other pleadings. 238 In addition to these provisions,
other rules deal with translations of specific documents and in specific circumstances. 239
Interim Hearings
11-136 The judge-rapporteur may hold the interim conference in any language agreed by the parties’
representatives. 240
Interpretation at Oral Hearings
11-137 At least one month before the oral hearing, including any separate hearing of witnesses
and experts, a party may lodge a request for simultaneous interpretation. The request
must contain: 241
– An indication of the language to or from which the party requests simultaneous
interpretation during the oral hearing;
– Reasons for the request;
– The field of technology concerned; and
– Any other information of relevance to the request.
11-138 Following the request, the judge-rapporteur will decide whether and to what extent
simultaneous interpretation is appropriate and will instruct the Registry to make the necessary
arrangements. 242 In the event that the judge-rapporteur refuses to order simultaneous
interpretation, the parties may request arrangements to be made, so far as practically possible,
for simultaneous interpretation at their cost. 243 The judge-rapporteur is also free to decide on
his or her own motion to order simultaneous interpretation and will instruct the Registry and
inform the parties accordingly. 244
11-139 A party wishing to engage an interpreter at its own expense must inform the Registry two
weeks before the oral hearing at the latest. 245
11-140 A witness may give evidence in any language and is not restricted to the language of the
proceedings, provided the consent of the Court has been obtained. 246
235
236
237
238
239
240
241
242
243
244
245
246
r.13(1)(q) RoP.
r.13(3) RoP.
r.24(j) RoP.
r.29A(g) RoP.
For example, the rules on translations of documents when an infringement action is brought in the central division (art.51(3)
UPCA). See paragraph 11-121.
r.105(3) RoP.
r.109(1) RoP.
r.109(2) RoP.
r.109(2) RoP.
r.109(3) RoP.
r.109(4) RoP.
r.112(5) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 189
