tag:blogger.com,1999:blog-2934262217555039098.post812928005378324855..comments2022-12-13T11:15:51.769+01:00Comments on DeltaPatents Unitary Patent blog: New Draft Rules for European Patent Litigation Certificate publisedJelle Hoekstrahttp://www.blogger.com/profile/06066000039386452752noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-2934262217555039098.post-90354819941677180132015-12-14T11:27:48.391+01:002015-12-14T11:27:48.391+01:00The way I understand the current draft is that you...The way I understand the current draft is that you need to be registered on the list of entitled representatives (Rule 13). There is a list of qualifications that are deemed appropriate only (?) in the first transitional year (Rule 12). This list includes:<br /><br />Queen Mary University of London, courses “Certificate in Intellectual Property Law” or “MSc Management of Intellectual Property”;<br /><br />If you are a European Patent Attorney and passed this course, then I suppose you can register for the list of entitled representatives.<br /><br /><br /><br />Sander van Rijnswouhttps://www.blogger.com/profile/08074604101159694993noreply@blogger.comtag:blogger.com,1999:blog-2934262217555039098.post-4370608981864719102015-12-11T15:56:48.329+01:002015-12-11T15:56:48.329+01:00Can I ask a probably stupid question - if I passed...Can I ask a probably stupid question - if I passed the Queen Mary University of London, courses “Certificate in Intellectual Property Law” in 2010, will I have rights of representation before the UPC (or be able to get within a year of the entry into force of the Agreement on a Unified Patent Court)?<br /><br />Thanks all!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2934262217555039098.post-76125215801355574052015-10-05T09:31:42.586+02:002015-10-05T09:31:42.586+02:00Tricky. I’d guess one has to register in the year ...Tricky. I’d guess one has to register in the year following the start of the UPC. So your plan, of quickly passing the course and registering at the end of 2017 may work. (But what do I know...)<br /><br />The regulation Rule 12 starts as follows:<br /><br />During a period of one year from the entry into force of the Agreement on a Unified Patent Court, any of the following shall also be deemed as appropriate qualifications for a European Patent Attorney pursuant to Article 48(2) of the Agreement on a Unified Patent Court: (...)<br /><br />Article 48(2) and (3) of the Agreement read:<br /><br />(2) Parties may alternatively be represented by European Patent Attorneys who are entitled to act as professional representatives before the European Patent Office pursuant to Article 134 of the EPC and who have appropriate qualifications such as a European Patent Litigation Certificate.<br /><br />(3) The requirements for qualifications pursuant to paragraph 2 shall be established by the Administrative Committee. A list of European Patent Attorneys entitled to represent parties before the Court shall be kept by the Registrar.<br /><br />In a literal reading Art. 48(2) defines that appropriate qualifications are required to represent. Rule 12 says that the courses in rule 12 are appropriate qualifications only in the first year. Thus according to my literal reading, in the year following UPC-start non-certificate holders on the list of Rule 12 would be tolerated, but not after the first year. <br /><br />I don’t think that that is what was intended. So I take it that you can register, as in Art. 48(3) in the first year if you have appropriate alternative qualifications, but not later. Sander van Rijnswouhttps://www.blogger.com/profile/08074604101159694993noreply@blogger.comtag:blogger.com,1999:blog-2934262217555039098.post-37632187712449947222015-10-05T08:07:02.481+02:002015-10-05T08:07:02.481+02:00that's clear - the question is if it makes sen...that's clear - the question is if it makes sense to start the course now (or at soon as possible), or if there is no need to rush as it is anyway too late to benefit from the grandfather provisionKMKSnoreply@blogger.comtag:blogger.com,1999:blog-2934262217555039098.post-84842364802240885622015-10-02T09:31:18.656+02:002015-10-02T09:31:18.656+02:00The course (ii) is required to become a German Pat...The course (ii) is required to become a German Patent AttorneyAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-2934262217555039098.post-10181236187683125782015-09-28T10:27:28.973+02:002015-09-28T10:27:28.973+02:00Hi everybody,
let’s assume the UPC starts on 01.0...Hi everybody,<br /><br />let’s assume the UPC starts on 01.01.2017 (well, maybe a bit too optimistic, but let’s just assume). According to R48 first sentence, “during a period of one year from the entry into force”, therefore in the whole year 2017, an EPA will also qualify pursuant to A48(2) if she/he passed one the courses listed in R12(a).<br /><br />Is it enough to pass one of these courses in 2017 and then quickly register until the end of 2017? Or does one have to pass a course BEFORE entry into force of the UPC (therefore in 2016), and has a whole year to register?<br /><br />Thanks for your answer<br />KMKSKMKSnoreply@blogger.com