ARTICLE 48 Representation
(1) Parties shall be represented by lawyers authorised to practise before a court of a Contracting Member State.What precisely do these provisions mean and how will they be interpreted? To consider these questions, the Chartered Institute of Patent Attorneys has organised an open meeting next Monday. Here are the details:
(2) Parties may alternatively be represented by European Patent Attorneys who are entitled to act as professional representatives before the European Patent Office pursuant to Article 134 of the EPC and who have appropriate qualifications such as a European Patent Litigation Certificate.
(3) The requirements for qualifications pursuant to paragraph 2 shall be established by the Administrative Committee. A list of European Patent Attorneys entitled to represent parties before the Court shall be kept by the Registrar.
(4) Representatives of the parties may be assisted by patent attorneys, who shall be allowed to speak at hearings of the Court in accordance with the Rules of Procedure.
(5) Representatives of the parties shall enjoy the rights and immunities necessary for the independent exercise of their duties, including the privilege from disclosure in proceedings before the Court in respect of communications between a representative and the party or any other person, under the conditions laid down in the Rules of Procedure, unless such privilege is expressly waived by the party concerned.
Attendance is free. For further details, click here.
Open Meeting to discuss representation in front of the Unified Patent Court
Monday 21st January, 5pm, CIPA, 95 Chancery Lane, LondonCIPA and the Intellectual Property Office (IPO) are hosting an open meeting on rights of representation before the Unified Patent Court. Mr Justice Birss will be on hand to hear your specific views on the proposed right to represent in front of the Unified Patent Court. Mr Justice Birss is the UK's representative on the Advisory Panel on the list of European patent attorneys eligible to represent before the UPC. Ahead of this work formally starting (within the HR & Judicial Training Working Group of Preparatory Committee), we would like to hear your interpretations of Article 48 of the UPC Agreement and your views, issues, and concerns so that we can have as full a picture as possible.