A guide to the UPC and the UP - Flipbook - Page 225
12-51 The SoC will also be examined by the Registry to check whether the formal requirements for the
SoC have been met, 105 which involves checking the following points:
– Whether the requirements in r.13(1)(a) to (j) RoP as to the contents of the SoC have
been met;
– That the claimant has supplied a copy of each of the documents referred to in the SoC; 106
– Whether the proceedings are in the correct language pursuant to r.14 RoP; 107 and
– Whether the correct fee for the infringement action has been paid pursuant to r.15(1) RoP. 108
12-52 If the claimant has not complied with these requirements, the Registry will, as soon as
practicable, ask the claimant to correct the deficiencies. The claimant has 14 days from the
service of the notification to do so. 109 At the same time, the Registry will inform the claimant
that if the deficiencies are not corrected within that period, a decision by default may be given
in accordance with r.355 RoP. 110 If the deficiencies are not remedied, the Registry will inform a
judge of the division who may reject the action as inadmissible by a decision by default. The
judge may give the claimant an opportunity to be heard beforehand. 111 A decision by default
can be set aside on application provided that it is, inter alia, accompanied by the step the
claimant failed to take. 112
12-53 Despite the fact that r.13(1) RoP indicates that all the requirements in (a) to (q) are
mandatory, 113 the Registry only examines the SoC to ensure that the requirements in r.13(1)(a)
to (k) RoP have been met. The latter relate to the more procedural aspects of the case, such as
the names and contact details of the parties, details of the patent and which division will hear
the action. The provisions in r.13(1)(l) RoP onwards are not examined by the Registry. This is
understandable as they relate more to the details of the case including for example any facts
relied on as the basis for the claim to infringement and why such facts constitute an
infringement, the claims infringed and an explanation of claim interpretation and the evidence
relied upon, where available. As such, they are not details that are required by the Registry in
order for it to carry out its functions which include serving the SoC.
12-54 If the formal requirements of the SoC have been met in accordance with r.16(2) RoP, the
Registry will, as soon as practicable, record the date of receipt of the SoC and attribute an action
number to the file, record the file in the register and inform the claimant of the action number
and date of receipt. 114 The infringement action is regarded as having commenced before the
Court as from the date of receipt attributed to the SoC. 115
105
106
107
108
109
110
111
112
113
114
115
r.16(2) RoP.
r.13(2) RoP.
See paragraph 12-36.
See paragraphs 12-41 and 12-42.
r.16(3) RoP.
r.16(4) RoP. See chapter 11 (Overview of Procedure and General Procedural Provisions) paragraphs 11-144 to 11-151 for
details of the procedure relating to decisions by default.
r.16(5) RoP.
r.356 RoP.
The wording of r.13(1) RoP is “The claimant shall lodge a Statement of claim… which shall contain…”.
r.17(1) RoP. This could, possibly, mean that the details of the SoC are available on the Court’s Case Management System
before it has been served on the defendant if, for some reason, the defendant cannot be served electronically in accordance
with r.271(1) RoP.
r.17(4) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 215
