Sub-committees
The Litigation Committee has set up a number of sub-committees to concentrate on key areas of its responsibilities.
“UPC Rules of Procedure and Case Management System (CMS)” sub-committee
The UPC Rules of Procedure and CMS sub-committee monitors litigation related developments within the UP/UPC system. One of the main tasks of the sub-committee is to evaluate any proposed amendments to the Rules of Procedure of the UPC. The sub-committee also monitors proposals and developments in relation to UPC Court Fees and UPC Mediation and Arbitration Rules. In addition, the sub-committee considers any developments of the UPC CMS system and liaises on this aspect with the epi Online Communications Committee (OCC).
Current Topics under discussion in the UPC Rules of Procedure and Case Management System (CMS) sub-committee:
- UPC Rules of Procedure (RoP).
- UPC Case Management System (CMS).
- UPC Mediation and Arbitration Rules.
| Current Members | |
|---|---|
| BE | Sophie Christiane Carol Racine (subst.) |
| CZ | Michal Guttmann (subst.) |
| DE | Tilman Pfrang Verena Clarita Töpert (subst.) |
| DK | Jesper Thorsen |
| ES | Juan Arias Sanz |
| FI | Kim Larseman Finnilä (Chair) |
| HU | Palma Grof Ferenc Török |
| LU | Mathis Bruck |
| PL | Katarzyna Dorota Lewicka |
| PT | Nuno Cruz Luís Humberto Silvestre de Almeida Ferreira (subst.) |
| SE | Torbjörn Presland |
| TR | Emrah Tas |
“Representation and Privilege” sub-committee
The Representation and Privilege sub-committee monitors developments concerning representation, in particular by European Patent Attorneys, in proceedings before the UPC. The sub-committee monitors particularly how European Patent Attorneys can acquire the additional qualification in order to fully represent clients before the UPC. The sub-committee monitors and discusses also the situation regarding the implementation and recognition of a Client-Patent-Attorney-Privilege for European Patent Attorneys at national, regional and international levels.
Current Topics under discussion in the Representation and Privilege sub-committee:
- Representation before UPC/Litigation Certificate.
- Selection and training on Judges in UPC.
- Code of Conduct (in close collaboration with epi PCC).
- Client-Patent-Attorney-Privilege for European Patent Attorneys in a possible international instrument.
| Current Members | |
|---|---|
| CH | Thomas Ottmar Körner (subst.) |
| CY | Christos A. Theodoulou |
| ES | Juan Arias Sanz |
| FI | Kim Larseman Finnilä |
| GB | Matthew Peter Critten (subst.) |
| HU | Palma Grof |
| GR | Konstantinos Vavekis |
| IT | Giuseppe Colucci (Chair) |
| LI | Bernd-Günther Harmann |
| NO | Kari Helen Simonsen |
| SE | Torbjörn Presland |
“Enforcement and Jurisdiction” sub-committee
The Enforcement and Jurisdiction sub-committee monitors substantial developments in patent litigation across all member states of the EPC in particular in relation to legislative developments and/or amendments of IP (Patent) legislation.
Current Topics under discussion in the Enforcement and Jurisdiction sub-committee:
- Damages for Patent Infringement.
- Proportionality and Injunctive Relief.
- Trade Secrets in Patent Litigation.
| Current Members | |
|---|---|
| BE | Annemie Jaeken Sophie Christiane Carol Racine (subst.) |
| DE | Tilman Pfrang Verena larita Töpert (subst.) |
| DK | Jesper Thorsen |
| GB | Stoyan Atanassov Radkov |
| GR | Konstantinos Vavekis (Chair) |
| HR | Albina Dlacic (subst.) Sanja Vukina |
| HU | Palma Grof Ferenc Török |
| LT | Vilija Viesunaite |
| NL | Addick Adrianus Gosling Land |
| PL | Katarzyna Dorota Lewicka |
| PT | Nuno Cruz Luís Humberto Silvestre de Almeida Ferreira (subst.) |
| SI | Renata Osolnik |
| SK | Vladimir Neuschl |
| TR | Emrah Tas |
“Virtual Proceedings” sub-committee
This sub-committee was established in direct response to the activities at both the European Patent Office and at national level to ensure access to justice through virtual hearings in Court Proceedings as a consequence of the Covid-19 pandemic. The sub-committee is active in monitoring use of virtual proceedings in patent litigation proceedings and supports the epi EPPC on the topic “virtual proceedings at the EPO”.
Current Topics under discussion in the Virtual Proceedings sub-committee:
- Remote Participation in Court Proceedings.
- Supporting epi EPPC on G 1/21 regarding experiences of virtual proceedings in patent litigation.
“Brexit implications on Patent Litigation” sub-committee
This sub-committee focuses on the changes to patent litigation that will come into effect as a consequence of the Brexit Agreement.
Current Topics under discussion in the Brexit Implications on Patent Litigation sub-committee:
- Rules for service of documents regarding patent litigation.
- Recognition and Jurisdiction of patent litigation decisions in view of Brexit (with specific attention to whether or not the UK accedes to the Lugano Convention).
- UK’s future regime for exhaustion of IP rights including implications of the Northern Ireland Protocol on patent litigation.