Topics: R. 323 RoP
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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 Duesseldorf, 26 February 2024, procedural order on language of proceedings, UPC_CoA_335/2023
Applications on change of language require substantiated reasons: The Applicant requested for a change of language from German into English (Art. 49(5) UPCA, R. 322 RoP). It argued that both parties were English speaking companies, that it was an SME and translation costs would be disproportionately disadvantageous for it. Also, this would enable the CoA…
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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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