A guide to the UPC and the UP - Flipbook - Page 75
exclude the exercise of other judicial functions at national level. 73 Part-time technical judges
may exercise other functions provided there is no conflict of interest. 74
5-27
Judges must be nationals of Contracting Member States, have a good command of at least
one language of the EPO (English, French or German), must ensure the highest standards
of competence and have proven experience in patent litigation which can be acquired
through training. 75
5-28
The judges and Registrar enjoy judicial independence 76 and take an oath to perform their duties
impartially and conscientiously and to preserve the secrecy of the deliberations of the Court. 77
In case of a conflict of interest, a judge must not take part in proceedings. 78
5-29
With the exception of the President of the Court of Appeal and the President of the Court of
First Instance, the judges rank in precedence according to their seniority in office. Where there
is equal seniority in office, precedence shall be determined by age. Retiring judges who are
re-appointed retain their former precedence. Such precedence, in the absence of a decision of
the Presidium or the panel, determines who will be the presiding judge of a panel. 79
Legally Qualified Judges
5-30
The Court comprises both legally qualified and technically qualified judges. 80 The legally
qualified judges must possess the qualifications required for appointment to judicial offices
in a Contracting Member State. 81
Technically Qualified Judges
5-31
Technically qualified judges must have a university degree, proven expertise in a field of
technology and knowledge of civil law and procedure relevant in patent litigation. 82 It is
intended that their qualifications are such that all areas of technology are covered. 83 All panels
of the central division must include a technically qualified judge 84 and the panels of the local
and regional divisions must request that a suitably qualified technically qualified judge be
added to such panel where such division decides to proceed with both an action for
infringement and a counterclaim for revocation. 85
Pool of Judges
5-32
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75
76
77
78
79
80
81
82
83
84
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The pool of judges is made up of the entire judiciary of the Court of First Instance, that is,
both the legally qualified and technically qualified judges, whether full-time or part-time.
The purpose of the pool is to provide a reservoir of qualified judges to serve on a long or
short term basis and is designed to promote or ensure or facilitate consistency of judgments
across all panels. 86
arts 17(2) and (3) UPCA.
art.17(4) UPCA.
art.15(1) UPCA and art.2 UPCA Statute.
art.17(1) UPCA.
art.6 UPCA Statute. The duties of impartiality are set out in arts 7(1) and (2) UPCA Statute which is strengthened by art.8 UPCA
Statute on the immunity of the judges from legal proceedings.
art.17(5) UPCA and art.7 UPCA Statute.
rr.341(1) to (4) RoP. The role of the presiding judge is described in paragraph 5-52.
art.15(1) UPCA.
arts 15(1) and (2) UPCA.
art.15(3) UPCA.
art.18(2) UPCA.
art.8(6) UPCA.
arts 8(5) and 33(3)(a) UPCA and r37(3) RoP.
art.18 UPCA.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 65
