A guide to the UPC and the UP - Flipbook - Page 222
Language and Translations
12-36 The SoC must be drawn up in the appropriate language and the Registrar will return the SoC if
lodged in any other language. 77 If the infringement proceedings are filed in the central division
this will be the language in which the patent was granted. 78 If the infringement proceedings are
filed in a local or regional division the SoC must be drawn up in the language of proceedings
before the respective division. 79
12-37 The claimant will also need to consider whether it needs to lodge a translation of the SoC for
the purposes of serving the documents (which is done by the Registry). For example, a
defendant based in the EU is entitled to refuse to accept service under art.8 Service Regulation
if the relevant document is not written in or accompanied by a translation into a language
which the defendant understands or the official language (or one of them) of the Member
State addressed. 80
12-38 All documents accompanying the SoC need to be translated into the language of the
proceedings unless the Court or the RoP provide otherwise. 81 R.13(1)(q) RoP allows the claimant
to lodge the SoC with, at the same time, a request that all or part of the documents (including
witness statements) accompanying the SoC need not be translated. How much flexibility will be
allowed by the Court remains to be seen.
12-39 Where a translation of documents, including evidence, is necessary, there is no need to provide
a formal certification by the translator as to the accuracy of the translation unless:
– Its accuracy is challenged by a party; or
– Such certification is ordered by the Court or required by the RoP. 82
12-40 There is no specified period in which the accuracy of a translation must be challenged.
The Court may also notice the inaccuracy itself and draw it to the parties’ attention.
Payment of Fees for the SoC
12-41 There are two fees payable by the claimant in relation to the SoC: a fixed fee and, if the value
of the action exceeds €500,000, 83 a value-based fee. 84 The fixed fee is €11,000. The value-based
fee is based on the claimant’s indication of the value of the action in the SoC. 85 The assessment
of the value reflects the objective interest pursued by the claimant at the time of lodging the
SoC. The value-based fee increases in increments starting at €2,500 for an action valued up
to and including €750,000. This increases to a fee of €325,000 for an action valued at
over €50,000,000.
77
78
79
80
81
82
83
84
85
r.14(4) RoP.
art.49(6) UPCA.
r.14 RoP. See chapter 11 (Overview of Procedure and General Procedural Provisions) paragraphs 11-107 to 11-130 on the
language regime of the Court of First Instance.
See chapter 11 (Overview of Procedure and General Procedural Provisions) paragraphs 11-89 to 11-106 in relation to the
requirements for service, including translating the SoC.
r.7(1) RoP.
r.7(2) RoP.
r.22(2) RoP and part 6 RoP.
For a detailed explanation of Court fees, see chapter 20 (Court Fees and Recoverable Costs) paragraphs 20-06 to 20-36.
r.13(1)(p) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 212
