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What is UPCRoP 063?

This is Rule 063 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.

UPCRoP Rule 063

Legal Text

Contents of the Statement for a declaration of non-infringement

The claimant shall, subject to point (b), lodge at the Registry in accordance with Article 33(4), Article 7(2) of the Agreement and Annex II thereto, a Statement for a declaration of non-infringement which shall contain:

(a)

particulars in accordance with Rule 13.1(a) to (h) and particulars confirming that the requirements of Rule 61 are met;

(b)

where the parties have agreed to bring the action before a local division or a regional division in accordance with Article 33(7) of the Agreement, an indication of the division which shall hear the action, accompanied by evidence of the defendant’s agreement;

(c)

where applicable, an indication that the action shall be heard by a single judge [Article 8(7) of the Agreement], accompanied by evidence of the defendant’s agreement;

(d)

the declaration sought by the claimant;

(e)

the reasons why the performance of a specific act does not, or a proposed act would not, constitute an infringement of the patent concerned, including arguments of law and where appropriate an explanation of the claimant’s proposed claim construction;

(f)

an indication of the facts relied on;

(g)

the evidence relied on, where available, and an indication of any further evidence which will be offered in support;

(h)

an indication of any order the claimant will seek at the interim conference [Rule 104(e)];

(i)

where the claimant assesses that the value of the declaratory action exceeds EUR 500.000, an indication of the value; and

(j)

a list of the documents, including any witness statements, referred to in the Statement for a declaration together with any request that all or part of any such document need not be translated and/or any request pursuant to Rule 262.2 or Rule 262A. Rule 13.2 and .3 shall apply mutatis mutandis.

Applied In

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Official Source

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

Reference: UPCRoP 063 (Rule 063)

Unified Patent Court Official Website