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What is UPCRoP 001?

This is Rule 001 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.

UPCRoP Rule 001

Legal Text

Application of the Rules and general principles of interpretation

1.

The Court shall conduct proceedings in accordance with the Agreement, the Statute and these Rules, which include the Preamble to these Rules and the principles set out therein. In the event of a conflict between the provisions of the Agreement and/or the Statute on the one hand and of the Rules on the other hand, the provisions of the Agreement and/or the Statute shall prevail.

2.

Where these Rules provide for the Court to perform any act other than an act exclusively reserved for a panel of the Court, the President of the Court of First Instance or the President of the Court of Appeal, that act may be performed by:

(a)

the presiding judge or the judge-rapporteur of the panel to which the action has been assigned;

(b)

a single legally qualified judge where the action has been assigned to a single judge;

(c)

the standing judge designated pursuant to Rule 345.5.

3.

References to persons in these Rules may apply to legal persons as well as natural persons. Words importing the masculine gender shall include the feminine and vice versa. Unless the contrary intention appears, words in the singular include the plural and vice versa.

Relation with Agreement: Article 8(7)

Relation with Statute: Article 19(3) and (4)

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Official Source

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

Reference: UPCRoP 001 (Rule 001)

Unified Patent Court Official Website