A guide to the UPC and the UP - Flipbook - Page 236
Figure 12-4: Procedure and Timeline of Written Stage of a Declaration of
Non-Infringement
Month
-1
Clmt: seek agreement from patentee that act in question
is non-infringing if no assertion of infringement (r.61(1))
0
Clmt: statement for declaration of non -infringement (r.63)
1
Def*: preliminary objection (rr.19, 66)
2
Def*: defence to statement for declaration
of non-infringement (rr.67, 68)
3
Chnt: reply to defence (r.69(1))
4
Def*: rejoinder to the reply (r.69(2))
*The defendant is the patent proprietor or licensee entitled to commence infringement proceedings
Contents of the Statement for a DNI
12-98 The statement for a DNI must contain:
– The information specified by r.13(1)(a) to (h) RoP as to the contents of the SoC in an
infringement action, i.e. details of the claimant and defendant, details regarding the patent
and any pending proceedings; 206
– Confirmation that the requirements of r.61 RoP are fulfilled, i.e. that an acknowledgement to
a declaration that an act does not, or a proposed act would not, infringe has been sought but
has not been given or that the patent proprietor or licensee has threatened that the act is
an infringement; 207
– Where the parties have agreed to bring the action before a local division or a regional
division in accordance with art.33(7) UPCA, an indication of the division that will hear the
action, accompanied by evidence of the defendant’s agreement; 208
– Where applicable, an indication that the action is to be heard by a single judge,
accompanied by evidence of the defendant’s agreement; 209
– The declaration sought by the claimant; 210
206
207
208
209
210
r.63(a) RoP. See paragraph 12-34 for the contents of the SoC.
r.63(a) RoP.
r.63(b) RoP.
r.63(c) RoP.
r.63(d) RoP.
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A Guide to the UPC and the UP 226
