UPC CoA, 17 April 2024: Relevant circumstances for a change of language of the proceedings
20-04-2024 Print this page
Change of language of the proceedings into the language of the patent on grounds of fairness: all relevant circumstances shall be taken into account (Article 49 UPCA, Rule 323 RoP)
These circumstances should primarily be related to the specific case and the position of the parties.
If the outcome of balancing of interests is equal, the position of the defendant is the decisive factor.
As a general rule and absent specific relevant circumstances pointing in another direction, the language of the patent as the language of the proceedings cannot be considered to be unfair in respect of the claimant.
Appeal admissible despite Curio Bioscience’s cut-and-paste-mistakes in the heading of the Statement of claim (Rule 225 RoP). The correct information according to R.225(a) – (d) RoP was present later in Section 7 of the said appeal submission and there were no ambiguities as to who was the appellant and who was the respondent.
No decision on the reimbursement of legal costs will be made in this appeal, since this order of the Court of Appeal is not a final order or decision, i.e. not an order or decision concluding the proceedings pending before the Court of First Instance. (Article 69 UPCA, Rule 118 RoP, Rule 242 RoP
