A guide to the UPC and the UP - Flipbook - Page 486
Annex
The European Patent Litigation Certificate (EPLC)
A23-01 Under art.48(3) UPCA, the requirement for the appropriate qualification that an EPA must have
in order to be an authorised representative before the Court is to be established by the
Administrative Committee.
A23-02 On 22 February 2022, the Administrative Committee published the “Rules on the European
Patent Litigation Certificate and other Appropriate Qualifications Pursuant to article 48(2) of the
Agreement on a Unified Patent Court” (the “EPLC Rules”).
A23-03 Part I of the EPLC Rules deals with the EPLC and part II deals with other “appropriate”
qualifications. Parts III and IV deal with the registration of those qualifications with the
Registrar and review of the decisions of the Registrar respectively.
EPLC Course Providers
A23-04 Under r.2 EPLC Rules, the EPLC may be issued by universities and other non-profit educational
bodies of higher or professional education established in Member States. The range of
institutions that can issue the EPLC has been kept to non-profit organisations at the academic
level of a university in order to ensure a harmonised level of quality.
A23-05 In addition, the EPLC may be issued by the Court’s Training Centre in Budapest. This is the
training centre for the Court judges. The explanatory memorandum makes it clear that EPAs are
to provide the funding for any course taking place at the Training Centre in contrast to the
courses being run for the Court judges which is to be financed by the budget for the Court.
The explanatory memorandum also states that, since the training centre is under control of the
Court, it does not have to go through the accreditation procedure required for other providers
of the EPLC. 72
EPLC Course Content
A23-06 The explanatory memorandum explains that the course has been designed for EPAs who have
already had their skills in patent law tested by the European Qualifying Examination and thus
the course aims to provide a balance between basic knowledge of the law in general and
advanced aspects of law and litigation that a litigator before the Court will need to know,
as well as litigation and advocacy skills.
A23-07 R.3 EPLC Rules provides that courses must cover a general introduction into the law,
including main aspects of European law, private law (including contract law, company law and
tort law) and private international law, the role, organisation and case law of the CJEU relating to
patents, SPCs and the enforcement of IP rights, Unitary patent protection, an overview of patent
infringement and revocation proceedings in Contracting Member States, how the Court will
operate and how litigation will be conducted before the Court. It further states that the course
must also include practical exercise on litigation and negotiation.
72
See paragraphs A23-11 to A23-16.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 476
