A guide to the UPC and the UP - Flipbook - Page 445
staffed by legally qualified persons, 94 it is supervised by the President of the Court of Appeal,
who makes the final decision regarding whether the statement of appeal meets the formal
requirements. Moreover, the appellant can also be given a further opportunity to argue its case
before any rejection. 95 There is no opportunity to extend the deadline for lodging the statement
of appeal and if the appellant misses the deadline, the appeal will be rejected as inadmissible. 96
Language at the Court of Appeal
21-51 The standard position at the Court of Appeal is that the language of the appeal proceedings
will be the same as the language of the proceedings at the Court of First Instance. 97
However, there are two exceptions to this:
–
If the parties agree to use the language in which the patent was granted; 98 or
–
In “exceptional circumstances” and where considered appropriate by the Court of Appeal,
the Court may decide to use another official language of a Contracting Member State.
However, this is subject to agreement between the parties. 99
21-52 Given the potential opportunities to select a language at first instance, 100 on the face of it,
it seems that there would be few occasions in practice where the language of the proceedings
might change on appeal. One possible example may be where the parties wanted, at first
instance, to use the language in which the patent was granted, but the judicial panel of the
local division in which the proceedings were first heard did not agree and the parties had not
requested that the proceedings be transferred to the central division. 101 In such a situation,
art.50(2) UPCA would allow the language to be changed at appeal.
21-53 Other provisions relating to the language of the appeal apply in the same way
as they do to the Court of First Instance. These include: 102
–
Dispensation by the panel of translation requirements; and
–
Provision of interpretation facilities at oral proceedings at the request of one of the parties.
21-54 Where the language of Court of Appeal proceedings differs to that in which proceedings in
the Court of First Instance were conducted, 103 the judge-rapporteur may order the appellant
to lodge translations of certain documents. 104 Translations of written pleadings and other
documents lodged by the parties before the Court of First Instance 105 and translations of
decisions or orders of the Court of First Instance 106 may be ordered. The judge-rapporteur
will set out a specified time period within which the translated documents must be lodged.
Failure to comply leads to rejection of the appeal by a decision by default in accordance with
r.357 RoP. 107 The appellant should request that costs for such translations to be accounted
for when the Court makes a decision on costs under Part 1, Ch.5 RoP. 108
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
art.22 UPCA Statute.
r.229(4) RoP.
r.229(5) RoP. See also paragraphs 21-41 to 21-43.
art.50(1) UPCA and r.227(1)(a) RoP.
art.50(2) UPCA and r.227(1)(b) RoP.
art.50(3) UPCA; r.227(1)(a) RoP is without prejudice to art.50(3) UPCA.
See chapter 11 (Overview of Procedure and General Procedural Provisions) paragraphs 11-107 to 11-133.
art.49(3) UPCA.
art.51(1) UPCA.
As per art.50(2) UPCA.
r.232(1) RoP.
r.232(1)(a) RoP.
r.232(1)(b) RoP.
r.232(2) RoP.
rr.150 to 157 RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 435
