2023-10-18 - LD The Hague - Plant-e Knowledge v. Arkyne Technologies - UPC_CFI_239/2023
- Aktenzeichen:
- UPC_CFI_239/2023
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Order
- Parteien:
- Plant-e Knowledge B.V., Plant-e B.V. v. Arkyne Technologies S.L.
Kernaussage: Order of the President of the CoFI to change the language of the proceedings into the language in which the patent was granted (R.
2023-10-18 - LD The Hague - Plant-e Knowledge
v.
Arkyne Technologies - UPC_CFI_239/2023
Order of the President of the CoFI to change the language of the proceedings into the language in which the patent was granted (R. 323 RoP) - admissibility of the application submitted before the statement of defence - merits of the application
notable
The President of the Court of First Instance (Butin) held that an application under Art. 49(5) UPCA and Rule 323 RoP to change the language of the proceedings into the language of grant of the patent may be filed before the statement of defence, because neither Art. 49 UPCA nor Rule 323 RoP imposes such a procedural waiting period; Rule 323.1 RoP instead sets a deadline — 'at the latest' with the statement of defence — and an earlier application is admissible and even desirable in the interests of efficiency and flexibility (Preamble §4 RoP). On the merits, the President clarified that Art. 49(5) UPCA only requires the initially chosen language to be 'significantly detrimental' to the applicant, not 'disproportionately' so, and that respondents must themselves justify their refusal. The language was changed into English because both parties had previously corresponded in English, the patent was granted in English, and the defendant (a Spanish SME) did not master Dutch.
Stichwörter
Change language of proceedings