1.
A party may lodge an Application for suspensive effect, in accordance with Article 74 of the Agreement. The applicant shall pay a fee for the Application in accordance with Part 6.
What is UPCRoP 223?
This is Rule 223 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.
Legal Text
2.
The Application for suspensive effect shall set out:
(a)
the reasons why the lodging of the appeal shall have suspensive effect;
(b)
the facts, evidence and arguments relied on.
3.
The Court of Appeal shall decide the Application without delay.
4.
In cases of extreme urgency the applicant may apply at any time without formality for an order for suspensive effect to the standing judge [Rule 345.5 and .8]. The standing judge shall have all the powers of the Court of Appeal and shall decide the procedure to be followed on the application, which may include a subsequent written Application.
5.
There shall be no suspensive effect for an appeal of an order pursuant to Rule 220.2, Rule 220.3 or 221.3.
Relation with Agreement: Article 74
Applied In
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Official Source
This legal text is from the official UPCRoP framework governing the Unified Patent Court.
Reference: UPCRoP 223 (Rule 223)