Key takeaways
Discretionary interpretation
The UPC retains discretion in granting simultaneous interpretation, even when a party requests it. Rules 109.1 and 109.2(1) RoP highlight the Judge-Rapporteur’s authority to decide whether and to what extent simultaneous interpretation is appropriate. If the Judge-Rapporteur refuses the request for simultaneous interpretation, a party may, at its own expense, engage a simultaneous interpreter and request that arrangements for simultaneous interpretation be made, as far as is practically possible, at its own expense (Rule 109.2 (2) RoP).
Cost allocation
The UPC may decide whether to include interpretation costs in the proceedings’ overall costs. The court will consider factors like the chosen language’s official status within the UPC framework and the requesting party’s actual need for interpretation. The UPC cannot generally be expected to provide interpretation into all languages.
Division
LD Düsseldorf
UPC number
UPC_CFI_355/2023
Type of proceedings
infringement action, request for simultaneous interpretation
Parties
Applicant (and Claimant in infringement proceedings): FUJIFILM Corporation, Japan
Respondent (and Defendant in infringement proceedings): Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH, Germany
Patent(s)
EP 3 594 009
Body of legislation / Rules
Rule 109 RoP, Art. 51(2) UPCA
