1) The UPC and its judges 2) Entry into force and preparatory work 3) Jurisdiction of the UPC 4) Opt-out 5) Languages 6) Parties to proceedings and Representation / Mandate 7) Provisional and protective measures 8) Protective letter 9) Application of Article 33(3) UPC Agreement 10) Interim procedure 11) Oral procedure 12) Appeals 13) Fees 14) CMS account 15) Sources of law and substantive patent law 16) CMS strong authentication 17) SPC data correction 12.1 Can the UPC Court of Appeal hear appeals on infringement and validity at the same time? Yes, the UPC Court of Appeal may hear appeals on infringement and validity even if both matters were not decided in one but in two separate decisions on the merits (Rule 220.5 of the draft Rules of Procedure of the UPC). 12.2 Will the Court of Appeal hear the entire case afresh or will it just review the earlier decision? On appeal, the Court of Appeal will review the decision or order of the Court of First Instance with regard to the parts of the decision or order contested and the reasons for setting aside the contested decision or order put forward by the appellant (see Rule 226 Rules of Procedure of the UPC). Depending on the result of the review, the Court of Appeal may, however, also have to decide issues that the Court of First Instance failed to decide but which it is necessary for the Court of Appeal to decide on appeal (Rule 242.2(b) Rules of Procedure of the UPC). The Court of Appeal will only in exceptional circumstances refer the action back to the Court of First Instance for retrial and decision (Art. 74(1) UPC Agreement, Rule 242.2(b) Rules of Procedure of the UPC). 12.3 Will it be possible to introduce new facts and arguments on appeal? Requests, facts and evidence which have not been submitted by a party during proceedings at first Instance may be disregarded by the Court of Appeal. When exercising this discretion, the Court of Appeal shall in particular take into account whether:a) a party seeking to lodge new submissions is able to justify that the new submissions could not reasonably have been made during proceedings before the Court of First Instance,b) the new submissions are highly relevant for the decision on the appeal,c) the position of the other party regarding the lodging of the new submissions (Art. Rule 222.2 Rules of Procedure of the UPC). 12.4 Can every decision of the Court of First Instance be appealed? An appeal by a party adversely affected may be brought againsta) final decisions of the Court of First Instance, b) decisions terminating proceedings as regards one of the parties and c) decisions or orders referred to in Articles 49(5), 59, 60, 61, 62 or 67 of the UPC Agreement (Article 73(1)(2)(a) UPC Agreement, Rule 220.1(a)-(c) Rules of Procedure of the UPC). Orders, other than those referred to above, may be either the subject of an appeal together with the appeal against the decision or may be appealed with the leave of the Court of First Instance within 15 days of service on the Court’s decision to that effect (Article 73(2)(b) of the UPC Agreement, Rule 220.2 Rules of Procedure of the UPC).If grant to leave has been refused, the party adversely affected may file a request for a discretionary review to the Court of Appeal within 15 calendar days (Rule 220.3 Rules of Procedure of the UPC).
1) The UPC and its judges 2) Entry into force and preparatory work 3) Jurisdiction of the UPC 4) Opt-out 5) Languages 6) Parties to proceedings and Representation / Mandate 7) Provisional and protective measures 8) Protective letter 9) Application of Article 33(3) UPC Agreement 10) Interim procedure 11) Oral procedure 12) Appeals 13) Fees 14) CMS account 15) Sources of law and substantive patent law 16) CMS strong authentication 17) SPC data correction 12.1 Can the UPC Court of Appeal hear appeals on infringement and validity at the same time? Yes, the UPC Court of Appeal may hear appeals on infringement and validity even if both matters were not decided in one but in two separate decisions on the merits (Rule 220.5 of the draft Rules of Procedure of the UPC). 12.2 Will the Court of Appeal hear the entire case afresh or will it just review the earlier decision? On appeal, the Court of Appeal will review the decision or order of the Court of First Instance with regard to the parts of the decision or order contested and the reasons for setting aside the contested decision or order put forward by the appellant (see Rule 226 Rules of Procedure of the UPC). Depending on the result of the review, the Court of Appeal may, however, also have to decide issues that the Court of First Instance failed to decide but which it is necessary for the Court of Appeal to decide on appeal (Rule 242.2(b) Rules of Procedure of the UPC). The Court of Appeal will only in exceptional circumstances refer the action back to the Court of First Instance for retrial and decision (Art. 74(1) UPC Agreement, Rule 242.2(b) Rules of Procedure of the UPC). 12.3 Will it be possible to introduce new facts and arguments on appeal? Requests, facts and evidence which have not been submitted by a party during proceedings at first Instance may be disregarded by the Court of Appeal. When exercising this discretion, the Court of Appeal shall in particular take into account whether:a) a party seeking to lodge new submissions is able to justify that the new submissions could not reasonably have been made during proceedings before the Court of First Instance,b) the new submissions are highly relevant for the decision on the appeal,c) the position of the other party regarding the lodging of the new submissions (Art. Rule 222.2 Rules of Procedure of the UPC). 12.4 Can every decision of the Court of First Instance be appealed? An appeal by a party adversely affected may be brought againsta) final decisions of the Court of First Instance, b) decisions terminating proceedings as regards one of the parties and c) decisions or orders referred to in Articles 49(5), 59, 60, 61, 62 or 67 of the UPC Agreement (Article 73(1)(2)(a) UPC Agreement, Rule 220.1(a)-(c) Rules of Procedure of the UPC). Orders, other than those referred to above, may be either the subject of an appeal together with the appeal against the decision or may be appealed with the leave of the Court of First Instance within 15 days of service on the Court’s decision to that effect (Article 73(2)(b) of the UPC Agreement, Rule 220.2 Rules of Procedure of the UPC).If grant to leave has been refused, the party adversely affected may file a request for a discretionary review to the Court of Appeal within 15 calendar days (Rule 220.3 Rules of Procedure of the UPC).
12.1 Can the UPC Court of Appeal hear appeals on infringement and validity at the same time? Yes, the UPC Court of Appeal may hear appeals on infringement and validity even if both matters were not decided in one but in two separate decisions on the merits (Rule 220.5 of the draft Rules of Procedure of the UPC). 12.2 Will the Court of Appeal hear the entire case afresh or will it just review the earlier decision? On appeal, the Court of Appeal will review the decision or order of the Court of First Instance with regard to the parts of the decision or order contested and the reasons for setting aside the contested decision or order put forward by the appellant (see Rule 226 Rules of Procedure of the UPC). Depending on the result of the review, the Court of Appeal may, however, also have to decide issues that the Court of First Instance failed to decide but which it is necessary for the Court of Appeal to decide on appeal (Rule 242.2(b) Rules of Procedure of the UPC). The Court of Appeal will only in exceptional circumstances refer the action back to the Court of First Instance for retrial and decision (Art. 74(1) UPC Agreement, Rule 242.2(b) Rules of Procedure of the UPC). 12.3 Will it be possible to introduce new facts and arguments on appeal? Requests, facts and evidence which have not been submitted by a party during proceedings at first Instance may be disregarded by the Court of Appeal. When exercising this discretion, the Court of Appeal shall in particular take into account whether:a) a party seeking to lodge new submissions is able to justify that the new submissions could not reasonably have been made during proceedings before the Court of First Instance,b) the new submissions are highly relevant for the decision on the appeal,c) the position of the other party regarding the lodging of the new submissions (Art. Rule 222.2 Rules of Procedure of the UPC). 12.4 Can every decision of the Court of First Instance be appealed? An appeal by a party adversely affected may be brought againsta) final decisions of the Court of First Instance, b) decisions terminating proceedings as regards one of the parties and c) decisions or orders referred to in Articles 49(5), 59, 60, 61, 62 or 67 of the UPC Agreement (Article 73(1)(2)(a) UPC Agreement, Rule 220.1(a)-(c) Rules of Procedure of the UPC). Orders, other than those referred to above, may be either the subject of an appeal together with the appeal against the decision or may be appealed with the leave of the Court of First Instance within 15 days of service on the Court’s decision to that effect (Article 73(2)(b) of the UPC Agreement, Rule 220.2 Rules of Procedure of the UPC).If grant to leave has been refused, the party adversely affected may file a request for a discretionary review to the Court of Appeal within 15 calendar days (Rule 220.3 Rules of Procedure of the UPC).