A guide to the UPC and the UP - Flipbook - Page 68
Introduction
5-01
The Contracting Member States set up the Court wishing to improve the enforcement
of patents and to enhance legal certainty in infringement and validity actions. The Court
has been devised to ensure expeditious and high quality decisions, striking a fair balance
between the interests of right holders and other parties and taking into consideration
the need for proportionality and flexibility. The RoP guarantee these aims whilst,
without impairing the predictability of the proceedings for the parties, providing for
the required level of judicial discretion. 1
5-02
The Court is a supranational court common to all Contracting Member States and, as such,
is part of the judicial system of the Contracting Member States. 2 It has exclusive competence
in respect of Unitary patents and, subject to the provisions relating to the transitional period, 3
European patents.
5-03
As with any other court of a Contracting Member State, the Court has to respect and apply EU
law in its entirety and respect its primacy over national laws. The Court is obliged to cooperate
with the CJEU to ensure the correct application and uniform interpretation of EU law by relying
on the CJEU’s case law and requesting preliminary rulings in accordance with art.267 TFEU. 4
The role of EU law and the CJEU in the Unitary Patent Package is discussed in chapter 7
(Applicable Law).
Court Structure
5-04
The Court comprises the Court of First Instance, the Court of Appeal and the Registry. 5
The Court is represented by the President of the Court of Appeal. 6
Figure 5-1: Structure of the Court
Full Court
Court of Appeal
(Luxembourg)
UPC Court of First Instance
Local Division
Local Division
1
2
3
4
5
6
Central Division
(Paris/Munich)
Local Division
Regional Division
recital 6 and art.41(3) UPCA. See chapter 11 (Overview of Procedure and General Procedural Provisions) particularly
paragraphs 11-03 to 11-16.
recital 7 and art.1 UPCA.
See chapter 8 (The Transitional Provisions (Including Opt-outs and Opt-ins)).
recital 10, arts 20 and 21 UPCA.
art.6(1) UPCA.
art.4(2) UPCA.
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A Guide to the UPC and the UP 58
