UPC
Videos.
UPC Videos
Watch all online seminar videos.
UPC update online seminar series:
UPC Update 22.05.2024
- Decisions
UPC Update 20.03.2024
- Decisions
UPC Update 24.01.2024
- Decisions
UPC Update 30.11.2023
- Decisions
UPC Update 21.09.2023
Preliminary injunction proceedings
- Case study myStromer AG ./. Revolt Zycling AG
- Preliminary injunctions
- Formulation of the application
- Enforcement
- Procedural iquestions
UPC countdown online seminar series:
Practical and strategic questions about the launch of UPC
- Unitary patent and choice of law for license agreements
- Unitary patent and consideration of the national state of the art
- Exceptions to the prohibition of double protection
Insight into the case management system
- CMS stucture
- How to access the CMS
- Requirements for accessing and signing pleadings
- Opt-Out in action
Process tactical questions
- Long-arm jurisdiction
- Isolated action for annulment
- Expert opinion
Please note: Unfortunately, there were sound problems with this recording, therefore we cannot make the online seminar available afterwards.
UPC online seminar series – preparation phase:
UPC overview
- Overview of current developments and next steps
- Litigation under the UPC: The structure and usual course of proceedings
- Pros and cons of the opt-out: Tactical and strategic considerations on the corporate side
Substantive law in the UPC Agreement
- Application of the substantive provisions of the UPC Agreement to national proceedings
- Differences to national German law, in particular indirect patent infringement
- Discretionary decisions of the court on claims of the patent proprietor, in particular on injunctive relief
- Statute of limitations
Preparing the action
- Pre-litigation phase
- Communication of the representatives
- Necessity and procurement of evidence
- Contents of the statement of claim
- Language of proceedings, Art. 49-51 UPC Agreement
General rules of procedure
- General rules of procedure (case management, Rules 331 et seq.)
- Amendment of action, R. 263, Right to be heard, Rule 264, Withdrawal of action, Rule 265
- Joinder and separation of proceedings
- Majority of parties
Statement of defense, interim procedure, oral proceedings
- Designation and tasks of the Judge Rapporteur
- Preliminary objections and their procedural treatment
- Statement of defense and counterclaim for a declaration of invalidity
- Options of the Board for deciding on invalidity, Art. 33(3) UPC Agreement
- Assignment of a technical judge, Rules 33, 34 and 37
- Interlocutory proceedings and oral proceedings in detail
Special types of proceedings
- Default judgment
- Interim injunction proceedings
- Isolated action for annulment
- Negative declaratory action
- Appeal and complaint proceedings
- Action for restitution
Enforcement of UPC decisions, costs of the proceedings
- Enforcement of decisions
- Original powers of the UPC
- Appropriateness of penalty payments
- Costs of the proceedings
- Limitation of recoverable costs
- Assessment of fees according to the amount in dispute
Sample set of motions
- Formulation of the request for injunctive relief
- Scope of information, recall, destruction
- Regular provision of security?
- Amount of provisional compensation for damages, R. 119
