A guide to the UPC and the UP - Flipbook - Page 205
– Following oral proceedings in an infringement action where there is either an opposition
before the EPO or a revocation action before the central division; 296
– Where, pending any appeal on the merits, an application for a determination of damages
has been made; 297
– Where a preliminary reference is made to the CJEU; 298
– If a party dies or ceases to exist during proceedings; 299
– In case of insolvency of a party to the proceedings; 300
– If a part objects to a judge taking part in the proceedings in accordance with art.7 UPCA
Statute; 301
– To give effect to EU law, in particular the provisions of the Brussel I Regulation and the
Lugano Convention; 302 and
– In any other case where the proper administration of justice so requires. 303 This is a catch-all
ground and would appear to include the granting of stays to facilitate settlement. 304
11-164 If proceedings before the Court are stayed, the stay shall take effect on the date indicated in the
order to stay or, in the absence of such an indication, on the date of that order. The Court shall
stipulate what effect the stay will have on any existing orders. 305 Where the order to stay does
not fix the length of the stay, it shall end on the date indicated in the order to resume
proceedings or, in the absence of such indication, on the date of any order to resume
proceedings. 306 Any decision ordering such a resumption of proceedings before the end of the
stay is made by order of the judge-rapporteur after hearing the parties. 307 The judge-rapporteur
may refer the matter to the panel.
11-165 While proceedings are stayed, time ceases to run for the purposes of procedural periods. 308
Time begins to run afresh from the date on which the stay is lifted.
Stays Pending Opposition and Limitation Proceedings before the EPO
11-166 There will, inevitably, be cases arising where, during the pendency of opposition or limitation
proceedings before the EPO, proceedings either for infringement (including counterclaims for
revocation) or revocation actions are commenced before the Court. 309 A party is obliged to
inform the Court of any such proceedings before the EPO, and of any request for accelerated
processing before the EPO. The reason for this is that the Court may stay its proceedings
awaiting the outcome of EPO opposition proceedings when a rapid decision from the EPO can
be expected. 310 This principle is set out further in r.295 RoP, which contains two subsections
dedicated to the relationship between Court and EPO proceedings. Firstly, r.295(a) RoP, which
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
r.295(g) RoP referring to r.118 RoP. For stays pending proceedings before the EPO see paragraphs 11-166 to 11-168.
r.295(h) referring to r.136 RoP. See chapter 15 (Remedies) paragraphs 15-60 and 15-61.
r.295(i) referring to rr.266(1) and (5) RoP. See chapter 14 (Oral Procedure) paragraphs 14-43.
r.295(j) referring to r.310 RoP. See paragraphs 11-63 to 11-65.
r.295(j) referring to rr.311(1) and (2) RoP. See paragraphs 11-66 to 11-69.
r.295(k) referring to r.346 RoP.
r.295(l) RoP. For example in situations where there is lis pendens or there are related actions.
r.295(m) RoP.
r.11 RoP.
r.296(1) RoP.
r.296(2) RoP.
r.297 RoP.
r.296(3) RoP.
Unlike in some Contracting Member States, such as Germany, the outcome of EPO proceedings does not have to be awaited
before commencing revocation proceedings before the Court.
art.33(10) UPCA.
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A Guide to the UPC and the UP 195
