A guide to the UPC and the UP - Flipbook - Page 77
Training of Judges
5-39
Only a few Contracting Member States have judges and lawyers with extensive experience
of patent litigation. The UPCA aims to ensure that judgments are of a high quality, and
includes provisions designed to weight panels with more experienced judges, 96 as well as
provide a training framework for judges with less patent experience. 97 The training facilities
are in Budapest.
5-40
The particular focus of the training framework is on internships in patent courts of Contracting
Member States or divisions of the Court of First Instance hearing a substantial number of
patent litigation cases, the improvement of linguistic skills and on the technical aspects of
patent law. The training seeks to disseminate knowledge and experience in civil procedure for
technically qualified judges and prepare candidate judges. Members of the patent profession
have assisted with providing training for the judges and an e-learning course has been
prepared by the European Patent Lawyers Association in conjunction with the EPO.
5-41
Continuing training of judges is the responsibility of the Presidium, the training framework
providing a platform for the exchange of experience and a forum for discussion. It includes an
annual training programme for each judge, ensures appropriate training for new and candidate
judges and supports projects to facilitate communication between representatives, patent
attorneys and the Court. 98
Composition of Judicial Panels
Court of First Instance
5-42
The judicial panels in the Court of First Instance have a multinational composition and sit in a
composition of three judges, unless: 99
– The parties agree to have their case heard by a single, legally qualified judge; 100
– In a case before a local or regional division, one of the parties requests the allocation
of a technically qualified judge (in addition to the judges on the panel), in which case the
panel requests that the President of the Court of First Instance allocates a judge from
the pool; 101 and
– Where a local or regional division decides to hear a counterclaim for revocation, 102 it is
obliged to request the allocation of a technically qualified judge.
5-43
96
97
98
99
100
101
102
103
104
The President of the Court of First Instance, or a judge to whom this power has been
delegated, allocates the judges to the panels of the central, local and regional divisions. 103
When a technically qualified judge is allocated to a panel, the panel increases to four members.
However, it is still able to make a decision since, in the case of equal votes, the vote of the
presiding judge prevails. 104
See paragraph 5-45.
art.19 UPCA.
art.11 UPCA Statute.
art.8(1) UPCA.
art.8(7) UPCA and r.345(6) RoP. The single judge may perform any act of the Court other than those exclusively reserved for a
panel of the Court or the President of the Court of First Instance (r.1(2)(b) RoP).
art.8(5) UPCA.
art.33(3)(a) UPCA.
r.345(1) RoP.
art.78(1) UPCA.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 67
