A guide to the UPC and the UP - Flipbook - Page 260
Language of the Proceedings
13-16 The judge-rapporteur may propose that the language of the proceedings 37 be changed to
the language of the patent. 38 However, such a change of language can only be made with the
consent of the parties and the panel 39 and after due consideration of the likely cost. 40 If only
one of the parties requests a change of language, and agreement cannot be reached with the
panel and the other parties, the judge-rapporteur must forward the application for a change
of language to the President of the Court of First Instance. 41
13-17 Another option open to the parties who do not understand the language of the proceedings
is to apply for simultaneous interpretation during the oral hearing. 42 Such applications must
be made at least one month before the date set for the oral hearing and provide reasons for
the request. 43 The judge-rapporteur will decide whether and to what extent simultaneous
interpretation is appropriate. The judge-rapporteur may also decide, of his or her own motion,
to order simultaneous interpretation. 44 If a party’s application for simultaneous interpretation
is refused, it may still request simultaneous interpretation be provided but this will be at its
own expense. 45 Similarly both parties may make such arrangements at their own expense. 46
Such requests should be made to the Registry at least two weeks before the date of
the oral hearing.
Witness and Expert Evidence
13-18 Although the parties may file witness statements and/or expert reports with their pleadings
during the written procedure, they may wish to supplement their evidence with further
statements and reports during the interim proceedings. There is no indication in the RoP
whether such requests will be granted automatically, but the judge-rapporteur will consider
such requests at or before the interim conference and may issue various orders directing
the parties to produce expert reports, appoint a court expert, and/or produce further
written evidence of fact. 47
13-19 The parties, should they wish to call a witness/expert to give oral evidence, must file
an application setting out the reasons why the witness/expert should be heard, the facts
or opinions the witness/expert will confirm and the language in which the oral evidence will
be given. 48 Although the RoP do not specify when the application should be made, it would
seem sensible to do so before or at the interim conference since, notably, the judge-rapporteur
may specify at the conference the subject matter of any oral evidence and the scope of
questions to be put to witnesses. 49 This could potentially limit a party’s general right to
“provide any expert evidence that it considers necessary” 50 to only that evidence which the
judge-rapporteur deems necessary. But in practice the judge-rapporteur will work with the
parties, exercising a balance between allowing the parties to put their case in the way that
they consider necessary and the need to deal with cases efficiently and cost effectively.
37
38
39
40
41
42
43
44
45
46
47
48
49
50
See chapter 11 (Overview of Procedure and General Procedural Provisions) paragraphs 11-107 to 11-130 and figure 11-3.
art.49(4) UPCA and r.322 RoP.
r.322 RoP.
r.332(h) RoP.
r.323(1) RoP.
r.109 RoP.
r.109(1) RoP.
r.109(3) RoP.
r.109(5)RoP.
r.109(7)RoP.
See chapter 17 (Evidence) paragraphs 17-35 to 17-40 for a discussion of the strategic considerations to be
given as to when to file witness statements and expert reports.
r.175 RoP.
r.104(e) RoP.
r.181 RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 250
