One aspect of the forthcoming root-and-branch reform of patent litigation in the European Union (or most of it, at any rate) that has received relatively little attention so far is the issue of representation by European patent attorneys, whose training and qualifications are not the same as those of conventional lawyers. Article 48 of the Agreement on a Unified Patent Court provides as follows:
ARTICLE 48
Representation
(1) Parties shall be represented by lawyers authorised to practise before a court of a Contracting
Member State.
(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.
...
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:
Open Meeting to discuss representation in front of the Unified Patent Court
Monday 21st January, 5pm, CIPA, 95 Chancery Lane, London
CIPA 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.
Attendance is free. For further details, click
here.
