Implementing the patent package Paul van Beukering DG Enterprise and Innovation The Patent Package Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 december 2012, implementing enhanced cooperation in the area of the creation of unitary patent protection (OJ EU 31.12.2012, L 361) (Unitary Patent regulation); Council regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements (OJ EU 31.12.2012, L 361) (Translations regulation); Agreement on a Unified Patent Court of 19 February 2013 + Statute of the Unified Patent Court (Court Agreement) 2 1
Implementing the patent package: Unitary Patent Article 2 Unitary Patent regulation: Regulation is a special agreement within the meaning of art. 142 EPC (Part IX UPC) Article 9 Unitary Patent regulation: Participating Member States will entrust EPO with certain tasks: Administration, collecting (renewal) fees etc. Participating Member States shall set up a Select Committee within the meaning of article 145 EPC Select Committee operates within the institutional framework of the EPO 3 Select Committee Inaugurated 20 March 2013 Expected to finalise mid 2014 Implementing rules Unitary Patent: first draft available, further technical discussions and consultation of users Renewal fees Establishing level of renewal fees, Establishing distribution key for renewal fee income Discussions Commencing autumn 2013 on the basis of financial and statistical data, scenarios. 4 2
Implementing the Patent Package: Unified Patent Court Declaration of the contracting member states concerning the preparations for the coming into operation of the UPC: (...) "The Signatory States intend to set up without any delay a Preparatory Committee which will be composed by their representatives. The Preparatory Committee shall prepare the practicle arrangements and set out a roadmap for the early establishment and coming into operation of the Unified Patent Court. (...) 5 UPC agreement minutes Some guidance on the preparatory committees work: Training of judges Prepare Rules of Procedure Budget Facilities Governance structure Prepare election of judges, recruitment of staff 6 3
UPC Agreement: Institutional framework Not an EU instrument Independent from the EPO Treaty, creating a new, independent international organisation Signatory States have to set up the Court themselves; cannot make use of EPO/EU institutions 7 Set up of the Preparatory Committee 19 Februari 2013: signing of the Agreement March 2013: Dutch/Swedish non paper on setting up the Preparatory Committee describing the organisation of the Preparatory Committee and list of tasks 13 March 2013: brought to the attention of Coreper 26 March 2013: first inaugural meeting of the Preparatory Committee 11 June 2013: second meeting of Preparatory Committee 25 June 2013 launch of website and public consultation RoP 8 4
Roadmap of the Preparatory Committee Working towards early 2015 (target date) Prepare the UPC to be fully operational as from day 1: Sufficient (experienced) judges Legal & financial framework Facilities; electronic filing & case management system Facilities for opting out registration in advance Patent litigation certificate Training Etc transition from preparatory into operational phase 9 Working method 5 working areas for each of which a coordinator has been appointed: Legal Framework Financial aspects IT Facilities Human resources and training Project teams with experts from Signatory States 10 5
Working method (continued) Approval of preparatory work by Preparatory committee, to be followed by formal approval by Administrative Committee once established. Communication plan: Transparency involvement of stakeholders (consultations, meetings, hearings) Discussion forum for implementation issues, exchange of information on local/regional divisions etc. 11 Legal framework Rules of Procedure Rules governing registry, registrars service, Rules on the Advisory, Budget and Administrative Committees Rules on legal aid Court fees (structure) and recoverable costs (art. 69(1) UPC) Mediation and Arbitration Rules on the litigation certificate 12 6
Consultation on the Rules of Procedure 25 June 2013 1 October: Written phase consultation October-December 2013: Expert practitioners group to study and evaluate comments made in the consultation, proposals for amendments January-February 2014: Preparatory Committee s expert team to study comments and organise hearing End of February: Hearing of user organisations March-May 2014: review of draft Rules of Procedure June/July 2014: Adoption of Rules of Procedure in the Preparatory Committee To be formalised by Administrative Council UPC once established 13 Financial aspects Financial regulations Pensions, social security, salary schemes Budgets and sustainability Court fees (amount) Will be the object of Public hearing 14 7
IT Develop Electronic filing and case management system that must enable secure exchange of documents and information: Internally (seats, sections, divisions, panels judges, staff) and Externally: Parties to proceedings; electronic filing of submissions and documents) On line inspection of files Of key importance for efficient functioning of the Court. 15 Facilities Court rooms, offices, administrative support staff, translation facilities. Flexible approach to match with growing organisation. Hosting countries to provide facilities. 16 8
Human resources and training Expert group assisted by Advisory Committee Advisory Committee will have permanent function (art. 14 UPC), but will also act in preparatory phase. Composed of the most experienced senior judges/lawyers with high authority 17 Training framework Permanent training framework and provisional training framework Intensive courses in patent law and patent litigation Mock trials, internships Language training Preparations to start immediately, first training towards the end of the year Special training for technical judges 18 9
Selection of judges In early years limited number of full time judges, large use of part time judges Judges will be appointed by Administrative Committee once established, but must be operational as from day 1 Pre-selection process for establishing a list of suitable candidates Selected candidates shall enter the training program Appointments formalised by administrative committee Presidents (CFI, CoA) will be elected by all judges (art. 13/14 statute) 19 Future work Most eminent: Consultation Rules of Procedure Procurement on IT system Training and pre-selection of judges Further information: www.unified-patent-court.org 20 10
21 11