A guide to the UPC and the UP - Flipbook - Page 76
5-33
The Registrar is responsible for drawing up a list of the names of the judges in the pool,
indicating their linguistic skills, their field of technology (if relevant) and their experience,
including previously handled cases. 87 The list of UPC Judicial Appointments and Presidium
Elections was published on 19 October 2022. 88
5-34
Judges are allocated to a panel from the pool by the President of the Court of First Instance. 89
Any request for a judge to be allocated from the pool must indicate the subject matter of the
case, the official EPO language used by the judges of the panel, the language of the proceedings
and the relevant field of technology. 90 The President then selects a judge according to their legal
or technical expertise, linguistic skills and relevant experience. 91
5-35
The technically qualified judges from the pool are also available to be allocated to the Court of
Appeal by the President of the Court of Appeal. 92
Termination of Office
5-36
Termination of office occurs upon the expiry of the term of the judge’s appointment or upon
death. A judge may also resign by letter addressed to the President of either the Court of
Appeal or the First Instance Court, whichever is relevant, for transmission to the chairperson of
the Administrative Committee. Unless there is a reason why the judge should immediately be
removed from office, the resignation will not take effect until the judge’s successor is appointed
and takes up the judicial duties for the remainder of the original judge’s term. 93
5-37
Judges may be removed from office if the Presidium decides that the judge in question no
longer meets the conditions for office or fails to meet the obligations of the office. The judge
concerned has a right to be heard but not to take part in the deliberations. The decision is
transmitted by the Registrar to the chairperson of the Administrative Committee and, as soon
as the notification is made, a vacancy arises. 94
Party’s Objection to a Judge in Proceedings
5-38
87
88
89
90
91
92
93
94
95
A party may object to a judge taking part in the proceedings on the basis that the judge lacks
impartiality because of acting previously for one of the parties or otherwise has been or is
linked in some way to the parties or the case, or with good reason is otherwise suspected of
partiality. 95 The objection has to be notified to the President of the Court of First Instance or the
President of the Court of Appeal as soon as is reasonably practicable (otherwise the objection is
considered waived). The President concerned will hear the judge involved and make a decision
in relation to the objection and, if valid, the judge will be replaced. The procedure for
considering the objection is set out in r.346 RoP.
art.20(1) UPCA Statute.
https://www.unified-patent-court.org/en/news/unified-patent-court-judicial-appointments-and-presidium-elections
[Accessed 13 April 2023].
art.18(3) UPCA and r.345 RoP.
art.20(2) UPCA Statute.
See paragraphs 5-42 to 5-47 for the rules on the composition of the panels which must be observed before the President
considers allocating judges on these bases. Note that the home location (and therefore the distance the judge has to travel to
attend any oral hearing) does not form any part of the President’s consideration.
arts 9(1) and 18(2) UPCA.
art.9 UPCA Statute.
art.10 UPCA Statute.
arts 7(2) and (4) UPCA Statute, r.346(1) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 66
