Topics: Art. 49(5) UPCA
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LD Mannheim, September 12, 2025, Order of the President of the Court of First Instance, UPC_CFI_481/2025
Key takeaway If the language of proceedings shall be changed and the parties’ interests are weighed, the defendant’s interests shall prevail in the event of equal outcome.: In the event that the weighing of interests of the defendant and the claimant results in a draw, the position of the defendant – having not initiated the…
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President of the CFI, July 16, 2025, order on change of language of the proceedings, UPC_CFI_351/2025
For language of the proceedings, particular consideration is attached to defendant’s working environment and communication channels by which legal and technical departments are expected to provide support in preparing their defence on the alleged infringement. : When deciding on an application to change the language of the proceedings to the language in which the patent…
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Court of Appeal, September 18, 2024, Order concerning language of proceedings, UPC_CoA_354/2024
Criteria for the decision under Article 49(5) UPCA: Unlike Art. 49(4) UPCA, Art. 49(5) UPCA does not mention convenience as a criteria, only fairness. If a claimant is proficient in English and German, claimant’s choice of German as the language of the proceedings is merely one of convenience and thus not relevant under Art. 49(5)…
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CoA, September 5, 2024, Order on application for language change, UPC_CoA_207/2024
The fact that the parties are domiciled in countries where the language of the proceedings chosen by the claimant is an official language is an important factor in the decision on an application to use the language of the patent as the language of the proceedings.: An important factor is the fact that the claimant…
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LD Dusseldorf, May 30, 2024, order pursuant R. 323 RoP, UPC_CFI_26/2024
In infringement proceedings, the position of the defendant requesting the language of the proceedings to be changed into the language of the patent is decisive, if in the overall assessment the result of the balancing of interest is the same: Art. 49.5 UPCA must be interpreted in such a way that the decision on whether…
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Court of Appeal, April 17, 2024, Order, UPC_CoA_101/2024
The decision on a R. 323 RoP (Art. 49(5) UPCA) request to change the language of proceedings into the language of the patent shall be based on all relevant circumstances related to the specific case and the position of the parties. Art. 49(5) UPCA provides that in particular the position of the defendant is to…
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LD Dusseldorf, 16 January 2024, Order of the President of the Court of First Instance, UPC_CFI_373/2023
A defendant seeking a change in the language of the proceedings does not need to wait for the submission of the statement of defense before lodging a motion for a change of the language: R. 321.1 RoP and R. 322 RoP do not preclude the admissibility of an application to use the language in which…
4 min Reading time→
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