A guide to the UPC and the UP - Flipbook - Page 81
Presiding Judge
5-52
One of the judges on the panel will be designated as the presiding judge, either by the
Presidium or, unless otherwise agreed by the panel, the presiding judge will be the most senior
judge on the panel. 114 The presiding judge is responsible for the management of the action
after the interim procedure closes, 115 consulting with and taking over from the judgerapporteur. 116 The presiding judge’s role is to ensure the oral procedure is conducted in a fair,
orderly and efficient manner 117 and that the action is ready for a decision on the merits at the
end of the oral hearing. 118
Judge-rapporteur
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The presiding judge of the panel to which the action is allocated will designate one legally
qualified judge of the panel as judge-rapporteur. 119 The presiding judge may decide to
designate himself as judge-rapporteur. This may happen for example in cases where the
presiding judge is very familiar with the technology relating to the patent in suit. After the
designation, the Registry will, as soon as practicable, notify the parties of the identity of the
judge-rapporteur. Both judges, presiding judge and judge-rapporteur, have their own fields of
responsibility. If the presiding judge acts as judge-rapporteur, the presiding judge will
consequently take on both roles at the same time.
5-54
The judge-rapporteur is responsible for case management during the written and interim
procedures 120 and, during these procedures, will make all necessary preparations for the oral
hearing. 121 The judge-rapporteur is specifically tasked with exploring the possibility of
settlement with the parties. 122
Standing Judge
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Each division in the Court has a standing judge. The main task of the standing judge is to hear
urgent cases 123 such as requests for provisional and protective measures. In hearing a case, the
standing judge carries out the functions of a panel. 124 The standing judge is designated by the
President of the Court of First Instance or by a judge to whom the President has delegated this
task; the assignment to the role may be limited in time. 125
Court of Appeal
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114
115
116
117
118
119
120
121
122
123
124
125
There is a presiding judge, a judge-rapporteur and a standing judge in the Court of Appeal.
They fulfil very similar roles to those in the Court of First Instance.
art.19(1) UPCA Statute and r.341(4) RoP. See paragraph 5-29.
r.110(3)RoP.
r.110(3) RoP and r.331(3) RoP.
r.111(a) RoP.
r.111(b) RoP.
art.21(4) UPCA Statute, r.18 RoP.
r.331(1) RoP.
r.101(1) RoP. For further information on the interim procedure, see chapter 13 (Interim Procedure).
art.52(2) UPCA.
art.19(3) UPCA Statute.
art.19(4) UPCA Statute.
r.345(5) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 71
