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What is EPatÜbersVO 004?

This is Article 004 from the EPatÜbersVO (Verordnung (EU) Nr. 1260/2012 des Rates vom 17. Dezember 2012 über die Umsetzung der verstärkten Zusammenarbeit im Bereich der Schaffung eines einheitlichen Patentschutzes im Hinblick auf die anzuwendenden Übersetzungsregelungen), which is part of the legal framework governing the Unified Patent Court in Europe.

EPatÜbersVO Article 004

Legal Text

Translation in the event of a dispute

1.

In the event of a dispute relating to an alleged infringement of a European patent with unitary effect, the patent proprietor shall provide at the request and the choice of an alleged infringer, a full translation of the European patent with unitary effect into an official language of either the participating Member State in which the alleged infringement took place or the Member State in which the alleged infringer is domiciled.

2.

In the event of a dispute relating to a European patent with unitary effect, the patent proprietor shall provide in the course of legal proceedings, at the request of a court competent in the participating Member States for disputes concerning European patents with unitary effect, a full translation of the patent into the language used in the proceedings of that court.

3.

The cost of the translations referred to in paragraphs 1 and 2 shall be borne by the patent proprietor.

4.

In the event of a dispute concerning a claim for damages, the court hearing the dispute shall assess and take into consideration, in particular where the alleged infringer is a SME, a natural person or a non-profit organisation, a university or a public research organisation, whether the alleged infringer acted without knowing or without reasonable grounds for knowing, that he was infringing the European patent with unitary effect before having been provided with the translation referred to in paragraph 1.

Applied In

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Official Source

This legal text is from the official EPatÜbersVO framework governing the Unified Patent Court.

Reference: EPatÜbersVO 004 (Article 004)

Unified Patent Court Official Website