A guide to the UPC and the UP - Flipbook - Page 487
A23-08 R.4 EPLC Rules provides that the course must consist of at least 120 hours of lectures and
practical training. The explanatory memorandum explains that this does not include hours of
self-study and has been chosen to ensure that EPAs have sufficient knowledge of civil litigation
and infringement proceedings without making the threshold too high. R.4(2) EPLC Rules further
provides that to obtain an EPLC, a candidate must pass both a written and oral examination at
the conclusion of the course. The examination itself is set by the accredited institution running
the course rather than an external examination body.
A23-09 R.5(1) EPLC Rules provides that the course (including the examination therefor) may be
provided in any official language of a Member State.
A23-10 R.5(2) EPLC Rules encourages the use of e-learning facilities but reiterates that practical training
will always require personal participation. Presumably, therefore, candidates will be able to
participate in lectures remotely should the institution provide for it. E-learning modules have
already been developed for the Education and Training Centre in Budapest. These consist of
pre-existing modules of the European Patent Academy (which is part of the EPO) and modules
specifically developed by EPLAW for the European Patent Academy.
Accreditation
A23-11 Courses that are provided by universities and other non-profit organisations will need to
be accredited by the Administrative Committee in order to be able to issue the EPLC. 73
The explanatory memorandum confirms that courses provided by the Training Centre will
not require accreditation.
A23-12 To gain accreditation, the institution in question must file a request with the Court in one of the
official languages of the EPO (namely English, French or German). R.7 EPLC Rules lists what the
request should contain, including the curriculum, details of how the 120 hours should be split
between each topic, any e-learning facilities envisaged, the language of the course, details of
the examination and names of selected teachers.
A23-13 R.8 EPLC Rules sets out the formalities involved in the accreditation process. Once filed,
the request will be considered by the Administrative Committee who will be advised by the
Advisory Committee in accordance with art.14(1)(c) UPCA. Provided the substantive
requirements set out in rr.3 to 6 EPLC Rules and the request for accreditation complies with the
formal requirements set out in r.7 EPLC Rules, then the Advisory Committee will give an opinion
in favour of accreditation. Otherwise, they will give a negative opinion. If a negative opinion is
given, according to r.8(3) EPLC Rules, the institution in question will have a non-extendable
period of two months to correct the deficiencies or submit comments upon which,
the Administrative Committee will again consult with the Advisory Committee and decide
whether or not to accredit the course on the basis of the Advisory Committee’s second opinion.
The explanatory memorandum explains that, since there is no basis in the UPCA for appealing
a decision of the Administrative Committee, its decisions on accreditation are final.
However, under art.5(1)(c) of the Protocol on Privileges and Immunities 74 the Court can be
sued for non-contractual liability with regard to decisions by the Administrative Committee,
meaning that a legal remedy is not totally excluded. That said, following a rejection from the
Administrative Committee, an institution may file further requests for accreditation and this
may be more straightforward and less costly than making any legal challenge.
A23-14 Once an accreditation is granted, r.8(4) EPLC Rules provides that it will last for five academic
years following the date of notification of the decision on accreditation. The request is not
automatically renewed and an institution wishing to continue offering the course must file a
new request following the same procedure as the initial request. The earliest this can be done
is one year before the expiry of the existing accreditation.
73
74
r.6 EPLC Rules.
Available at https://www.unified-patent-court.org/sites/default/files/ppi_final_ii_en_clean.pdf [Accessed 14 April 2023].
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 477
