A guide to the UPC and the UP - Flipbook - Page 217
Figure 12-1: Procedure for Making a Preliminary Objection
Clmt: statement of claim (r.13)
1 month
Def: preliminary objection
(r.19(1))
14 days
Clmt: submit written
comments or correct
any deficiency (r.19(5))
As soon as practicable
If complaint is in relation to
the competency of the division
and the claimant indicates
a competent division then
judge-rapporteur shall
transfer the action (r.19(5))
Decision by judgerapporteur (r.20(1))
Objection rejected
Objection allowed
Appeal (rr.21(1), 220(2))
Appeal (r.220(1)(a))
Dealt with in main
proceedings (r.20(2))
Infringement Action
Outline of the Written Procedure for an Infringement Action
12-29 The written procedure for an infringement action consists of: 40
– The lodging of a SoC by the claimant;
– The lodging of a SoD by the defendant (which may include a counterclaim for revocation);
and optionally;
– The lodging of a statement of reply to the SoD by the claimant; and
– The lodging of a rejoinder to any such reply by the defendant.
40
r.12(1)(a) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 207
