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What is UPCRoP 208?

This is Rule 208 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.

UPCRoP Rule 208

Legal Text

Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge

1.

The Application for provisional measures shall be examined by the Registry in accordance with Rule 16. The Registry shall in addition examine whether any Protective letter relevant for the Application is recorded in the register.

2.

Where main proceedings on the merits of the case have not yet been started before the Court, Rule 17 (date of receipt, recording in the register, action number, assignment to panel) and Rule 18 (designation of judge-rapporteur by presiding judge) shall apply mutatis mutandis. In urgent cases, the presiding judge may decide that he or an experienced judge of the panel, acting as single judge, may decide on the Application in accordance with Rules 209 to 213 with a reduced time-table.

3.

Where main proceedings on the merits of the case have already been started before the Court, the Application for provisional measures shall immediately be forwarded to the panel to which the action has been assigned or to the single judge. In urgent cases (where the action has not been assigned to a single judge), the presiding judge may decide that he or the judge-rapporteur, acting as single judge, may decide on the Application in accordance with Rules 209 to 213 with a reduced time-table.

4.

The single judge deciding on the Application for provisional measures shall have all necessary powers of the Court.

Relation with Statute: Article 19

Applied In

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Official Source

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

Reference: UPCRoP 208 (Rule 208)

Unified Patent Court Official Website