A guide to the UPC and the UP - Flipbook - Page 73
the Protocol on Privileges and Immunities of the Unified Patent Court. The Protocol also
provides that the premises and the documents of the Court are inviolable. 42
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There are a number of exceptions to the immunity granted to the Court, in particular,
the Court is subject to civil proceedings with respect to:
– Contractual liability brought by persons other than the judges, Registrar or staff of the
Court; and
– Non-contractual liability, except where the case is based on the performance of the Court’s
jurisprudence (without prejudice, however, for the liability of the Court for violations of EU
law under art.22 UPCA). 43
Costs of Setting up and Running the Court
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Contracting Member States setting up a local, regional or central division have to
provide the facilities necessary for that purpose and for an initial transitional period must
provide administrative staff for those divisions. 44 The Contracting Member States are also
responsible for the initial financial contributions necessary to set up the Court 45 and, in that
initial period, for contributing to the budget of the Court. 46 If the Court is unable to balance its
budget, they are also responsible for making special contributions 47 although it is intended that
the Court will be self-financing after the first seven years. Initial contributions are linked to the
number of European patents having effect in the territory of the Contracting Member State on
the entry into force of the UPCA and the number of actions for infringement and revocation in
the three years preceding the entry into force of the UPCA. 48 Any special contributions after the
first seven years are linked to the scale for the distribution of annual renewal fees for
Unitary patents. 49
Judges
Presidents and Presidium
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The Court of Appeal and the Court of First Instance each has a President. 50
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The President of the Court of Appeal represents the Court, 51 directs the judicial activities and
administration of the Court of Appeal and chairs the Court of Appeal sitting as a full Court. 52
The President of the Court of Appeal is elected by all the Court of Appeal judges from amongst
their number for a term of three years with a maximum of three terms. 53 The election is by
secret ballot and requires an absolute majority. If there is no-one with an absolute majority on
the first ballot, the judge obtaining the most votes on a second ballot is elected. 54 If the
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arts 3 and 4 Protocol on Privileges and Immunities of the Unified Patent Court.
art.5 UPCA and art.5(1) Protocol on Privileges and Immunities of the Unified Patent Court.
art.37(1) para.2 UPCA.
art.37(2) UPCA.
art.36(1) UPCA. According to the German government’s explanation in the draft UPCA ratification bill, current estimates for
financial contributions in the first year will amount to €6 million, the second year €4.8 million, the third year €4.5 million and
the fourth year around €5 million. See http://kluwerpatentblog.com/2016/02/16/draft-bill-presented-in-germany-forratification-of-unified-patent-court-agreement/ [Accessed 13 April 2023].
art.36(4) UPCA.
art.37(3) UPCA.
art.37(4) UPCA.
As at 1 June 2023 Mr Klaus Grabinski (DE) is President of the Court of Appeal, and Ms Florence Butin (FR) is President of the
Court of First Instance.
art.4(2) UPCA.
art.13(3) UPCA Statute.
art.13(1) UPCA Statute.
art.13(2) UPCA Statute.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 63
