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Assignment of the Infringement Action
12-55 Once the formalities in relation to the SoC have been met, the infringement action is assigned
to a panel of a division by the Registrar following an action-distribution-scheme established by
the presiding judge of each local or regional division. Such a scheme preferably distributes the
actions according to the date of receipt at the division. 116 The claimant will have indicated a
division in the SoC and presumably this will be adopted unless amended following the Registry’s
formal examination of the SoC or the defendant lodges a successful preliminary objection
challenging the competence of the division. 117 Where all the parties agree to the action being
heard by a single judge, the presiding judge of the panel to which the action was allocated will
assign it to a legally qualified judge of the panel. 118
Service on the Defendant
12-56 As soon as practicable, the Registry will serve the SoC on the defendant. Electronic
communication is the primary method of service. 119 The Registry will inform the defendant as
to how to take the appropriate steps to lodge a preliminary objection and serve a SoD and the
time periods for doing so. 120
Designation of the Judge-Rapporteur
12-57 The presiding judge of the panel to which the action has been assigned will designate one legal
judge of the panel as judge-rapporteur. 121 This may be the presiding judge where, for example,
the presiding judge is familiar with the technology in issue. The Registry will inform the parties
of the identity of the judge-rapporteur as soon as possible after he has been designated. 122
The judge-rapporteur is responsible for case management during the written
(and interim) procedure. 123
Statement of Defence
12-58 Whether the defendant lodges a preliminary objection or not, 124 it must lodge a SoD in the
language of the proceedings within three months of service of the SoC. 125 If an extension of
time is needed, the defendant may make a reasoned request to the Court under the general
rule for extensions of time periods. 126
Contents of the SoD
12-59 The requirements for the contents of the SoD are listed in r.24(a) to (j) RoP. The defendant
should respond to every point in the claimant’s evidence; any fact that is not specifically
contested by the defendant will be held as true between the parties. 127 The SoD must contain
the following:
116
117
118
119
120
121
122
123
124
125
126
127
r.345(3) RoP.
r.19(1)(b) RoP. See paragraphs 12-04 to 12-28.
rr.17(2) and 345(6) RoP.
Part 5, ch.2 RoP. See chapter 11 (Overview of Procedure and General Procedural Provisions) paragraphs 11-85 to 11-103.
r.6(1) RoP. Service is affected in accordance with part 5, ch.2 RoP (rr.270 to 279 RoP). See chapter 11 (Overview of Procedure
and General Procedural Provisions) paragraphs 11-85 to 11-103 for service of the SoC and paragraphs 11-141 to 11-143 for
calculation of time periods.
r.18 RoP.
art.21(4) UPCA Statute, r.18 RoP.
r.101(1). For further information on the interim procedure and specifically the role of the judge-rapporteur, see chapter 13
(Interim Procedure) paragraphs 13-02 to 13-04.
r.19(1) RoP. The procedure of such a preliminary objection is explained in paragraphs 12-04 to 12-28.
r.23 RoP. See the full timeline at the Annex to chapter 11.
r.9(3) RoP.
r.171(2) RoP.
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A Guide to the UPC and the UP 216
