Topics: Rule 323 RoP
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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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LD Munich, 12 June 2024, Order of the Court of first instance, UPC_CFI_54/2024
Change of language of proceedings upon (unobjected) request: In the absence of an objection from the opposing party, the language of the proceedings shall be changed from German to English, i.e. the language in which the patent at issue has been granted. There was no request that existing pleadings and other documents should be translated.…
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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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LD Düsseldorf, February 26, 2024, order on language of the proceedings, UPC_CFI_463/2023
For a decision according to Art. 49 UPCA it may be sufficient that the initially chosen language is significantly detrimental to the Applicant. A disproportionate disadvantage is not necessary: The decision has to take grounds of fairness and all relevant circumstances into account, Art. 49(5) UPCA. Decisive are the respective interests at stake. Assertions of…
4 min Reading time→

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