A guide to the UPC and the UP - Flipbook - Page 277
(b) RoP, “may render its decision on the merits of the infringement claim … or may stay the
infringement proceedings …”. However, it is unlikely that the parties will be able to waive receipt
of the grounds for the decision to stay the proceedings in a similar fashion to that in Germany.
r.118(6) RoP states that the Court must give a decision on the merits as soon as possible after
the closure of the oral hearing and r.350(1)(g) RoP states that all decisions must include the
grounds for the decision.
Enforcement
14-65 An order of the Court is enforceable only after the claimant has: 126
– Notified the Court which parts of the order it intends to enforce;
– Provided a certified translation of the order into the official language of a Contracting
Member State in which the enforcement is to take place; and
– The notice and (if applicable) the translation(s) have been served on the defendant
by the Registry. 127
14-66 In a bifurcated case, where the Court made an order in accordance with r.118(2)(a) RoP
and a final decision is subsequently made on the validity of the patent by the central division,
the Court of Appeal or the EPO as the case may be, any party may apply to the local or
regional division within two months for an order consequent upon such final decision. 128
Where the original order was enforced and is subsequently varied or revoked, the Court may
order the party which enforced the order to compensate the other party for the injury caused
by the enforcement. 129
Appeal
14-67 An unsuccessful party may appeal the decision, in whole or in part, to the Court of Appeal. 130
The appellant has two months to lodge an appeal against a final decision. 131 Orders of the Court
of First Instance are also appealable; the procedure and timeline for appeals in relation to
orders depends upon the type of order made. 132
14-68 In relation to bifurcated proceedings, 133 where the Court of First Instance grants a stay
pending the outcome of a final decision of the central division or the EPO on the validity of
the patent in suit, that order for a stay may be appealed with the leave of the Court of First
Instance and if that is refused, with leave of the Court of Appeal. 134 Where the Court does not
order a stay, there may be no order to appeal. However, the defendant may, nevertheless,
appeal the decision on the merits and then apply to the Court of Appeal for the appeal to have
suspensive effect. 135
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128
129
130
131
132
133
134
135
r.118(8) RoP.
For further information see chapter 19 (Enforcement).
r.118(4) RoP.
r.354(2) RoP. See chapter 19 (Enforcement) paragraphs 19-68 to 19-71.
art.73 UPCA and r.220 RoP.
r.224(1)(a) RoP.
See chapter 21 (Procedure before the Court of Appeal).
See paragraphs 14-58 to 14-64.
rr.220(2) and (3) RoP. See also chapter 21 (Procedure before the Court of Appeal) paragraphs 21-33 to 21-36.
r.223 RoP. See also chapter 21 (Procedure before the Court of Appeal) paragraphs 21-21 and 21-22.
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A Guide to the UPC and the UP 267
