A guide to the UPC and the UP - Flipbook - Page 72
setting the rules governing the Registry and sub-registries, which include detailed rules for
keeping the register. 28 The Registry is managed by the Registrar. 29
5-13
The Registrar and a Deputy-Registrar are appointed by the Presidium for a term of six years and
may be re-appointed thereafter. On appointment and before starting work, the Registrar and
Deputy-Registrar must take an oath before the Presidium to perform their duties impartially
and conscientiously. Only if they no longer meet the obligations arising from their office, may
the Presidium decide to remove them. 30
5-14
The Registrar’s main responsibility is the management of the register and assisting the Court,
the Presidents and the judges in the performance of their functions. The Registrar is also
responsible for maintaining the following lists: 31
– Judges (in the pool of judges); 32
– European Patent Attorneys entitled to represent parties before the Court; 33
– Court experts; 34
– Notifications and withdrawals of opt-outs 35 and ensuring that such information is notified to
the EPO.
5-15
The Registrar is also responsible for publishing, subject to the protection of confidential
information, decisions of the Court and annual reports with statistical data. 36
5-16
The Deputy-Registrar is responsible for the organisation and activities of the subregistries under the authority of the Registrar and President of the Court of First Instance,
and for providing administrative and secretarial assistance to the divisions of the Court of
First Instance. 37
5-17
Where the RoP refer to the Registry or the Registrar and provide for the Registry to perform any
act, that reference shall, where applicable, include the Deputy-Registrar and the relevant subregistry. Furthermore, such act may be performed by the Registrar, the Deputy-Registrar or the
staff of the Registry or sub-registry. 38
Privileges and Immunities of the Court
5-18
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29
30
31
32
33
34
35
36
37
38
39
40
41
The Court has legal personality in each Contracting Member State and enjoys the most
extensive legal capacity accorded to legal persons under the national law of each Contracting
Member State. 39 The Court 40 and the judges 41 are given certain immunities by the UPCA and by
art.10 UPCA and arts 15(3)(e) and 24(1) UPCA Statute. The rules were published on 29 November 2022 – see
https://www.unified-patent-court.org/sites/default/files/upc_documents/rules-of-procedure-of-the-presidium.pdf
[Accessed 21 March 2023].
art.10(1) UPCA.
arts 22 and 25 UPCA Statute.
art.23 UPCA Statute for the full list.
art.18 UPCA. See paragraphs 5-32 to 5-35.
art.48(3) UPCA. See chapter 23 (Legal Representation, Privilege and Code of Conduct).
art.57(2) UPCA. See chapter 17 (Evidence) paragraphs 17-67 to 17-75 on Court experts.
art.83 UPCA and r.5 RoP. See chapter 8 (The Transitional Provisions (Including Opt-outs and Opt-ins)).
art.23(2)(d) UPCA Statute.
arts 25(3) and (4) UPCA Statute.
r.3 RoP.
art.4(1) UPCA.
art.5(1) Protocol on Privileges and Immunities of the Unified Patent Court, available at https://www.unified-patentcourt.org/sites/default/files/upc_documents/02-en-formatted.pdf [Accessed 13 April 2023].
art.8 UPCA Statute and art.9 Protocol on Privileges and Immunities of the Unified Patent Court.
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A Guide to the UPC and the UP 62
