Act To Consent To A Unified Patent Jurisdiction Agreement, Done At Brussels On 19 February 2013 (1) (2)

Original Language Title: Loi portant assentiment à l'Accord relatif à une juridiction unifiée du brevet, fait à Bruxelles le 19 février 2013 (1)(2)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015211&caller=list&article_lang=F&row_id=500&numero=547&pub_date=2014-09-09&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-09-09 Numac: 2014015211 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE may 27, 2014. -Law concerning consent to a unified patent jurisdiction agreement, done at Brussels on 19 February 2013 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S.
2 the agreement relating to jurisdiction unified patent, done at Brussels on 19 February 2013, will release its full and complete effect.
S. 3. revisions and amendments to the agreement to be adopted pursuant to article 87 will release their full and complete effect.
S. 4. within three months from the date of the decisions of the Administrative Committee referred to in article 87 § 1 and 2 of the agreement, amendment or revision of the agreement, the competent Ministers shall inform the House of representatives and the Senate of these decisions.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on May 27, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of economy, J. VANDE LANOTTE the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2478.
Annals of the Senate: 13/03/2014.
House of representatives (www.lachambre.be): Documents: 53-3454.
Full report: 2014-04-23.
(2) bound States.

AGREEMENT on A one jurisdiction unified of patent States Contracting members, whereas cooperation between the Member States of the European Union in the field of patents contributes significantly to the process of integration in Europe, including the establishment of an internal market within the European Union characterised by the free movement of goods and services, as well as the establishment of a system ensuring that competition is not distorted in the internal market;
WHEREAS the fragmentation of the patent market and the significant variations between systems jurisdictional national are detrimental to innovation, in particular for small and medium-sized enterprises, which have difficulties to enforce their patents and to defend itself against unfounded actions and actions relating to patents which should be cancelled;
WHEREAS the European Patent Convention (hereinafter referred to as "EPC"), which has been ratified by all States members of the European Union, provides a single procedure for the grant of European patents by the European Patent Office;
Whereas, by virtue of Regulation (EU) No. 1257/2012 (1), patent holders may request that their European patents have a unitary effect to achieve the unitary protection conferred by a patent in the European Union Member States participating in enhanced cooperation;
Desiring to improve compliance with the patents, to reinforce the means to defend itself against unfounded actions and patents which should be cancelled and increase legal certainty by creating a unified Court for litigation related to the infringement and the validity of patents;
WHEREAS that the unified jurisdiction of the patent should be designed to make decisions fast and quality, seeking a balance between the interests of the rights holders and of other parties and taking account of the proportionality and the necessary flexibility;
WHEREAS that the unified jurisdiction of the patent should be a common to the Contracting States jurisdiction and, therefore, part of their judicial system, and that it should enjoy exclusive jurisdiction in what regards unitary effect European patents and European patents granted under the provisions of the EPC;
WHEREAS the Court of justice of the European Union shall ensure the uniformity of the legal order; the Union and the rule of law in the European Union
Recalling the obligations imposed on Member States Contracting under the Treaty on European Union (TEU) and the Treaty on the functioning of the European Union (TFEU), including the duty of loyal cooperation laid down in article 4, paragraph 3, TEU and the obligation to ensure, by the creation of the unified patent jurisdiction, the full implementation and respect for the right of the Union in their respective territories , as well as the judicial protection of rights conferred by this law to individuals;
Whereas, as a national court, unified patent jurisdiction is required to respect and apply the law of the Union and, in collaboration with the Court of justice of the European Union which is the guardian of the law of the Union, to ensure its proper application and uniform interpretation; in particular, the unified jurisdiction of the patent is obliged to cooperate with the Court of justice of the European Union for the purposes of the proper interpretation of the EU law based on the jurisprudence of the Court and typing of requests for a preliminary ruling in accordance with article 267 TFEU;
CONSIDERING that the Contracting States should, in accordance with the jurisprudence of the Court of justice of the European Union concerning non-contractual liability, be liable for any damages resulting from violations of the EU law committed by the Court unified patent, including breach of the duty of the Court of justice of the Union European preliminary requests;
CONSIDERING that violations of the right of the Union committed by the jurisdiction unified patent, including breach of the duty of the Court of justice of the Union European ruling requests, are directly attributable to the Contracting States and that infringement proceedings may, therefore, be liable under articles 258, 259 and 260 of TFEU against any Member State Contracting in order to ensure respect for the rule of law of the Union and its good application;
Recalling the rule of the law of the Union, which includes kills him, the TFEU, the Charter of fundamental rights of the European Union, the fundamental principles of the law of the Union such as developed by the Court of justice of the European Union, and in particular the right to an effective remedy before a court and the right to a cause be heard fairly publicly and within a reasonable time by an independent and impartial tribunal, the case law of the Court of justice of the European Union and the right derived from the Union;
Whereas this agreement should be open for accession by any State member of the European Union; Member States who have decided not to participate in enhanced cooperation in the field of the creation of a unitary protection conferred by a patent may participate in this agreement with respect to European patents granted for their respective territory;
Whereas this agreement should enter into force on January 1, 2014 or the first day of the fourth month following that of the thirteenth deposit, provided that among the States Contracting members which have deposited their instruments of ratification or accession are the three States in which the largest number of European patents were in force during the year preceding that in which takes place the signing of the agreement , or the first day of the fourth month after the date of entry into force of the amendments to Regulation (EU) No. 1215/2012 (2) concerning the link between the latter and this agreement, whichever is the later date, are agreed for provisions that following: part I - General provisions and institutional chapter I - provisions General ARTICLE 1 unified patent jurisdiction is hereby established by this agreement a court unified of the patent for the settlement of related disputes European patents and European patents to unitary effect.
The unified jurisdiction of the patent is a common to the Contracting States jurisdiction and is therefore subject to the same obligations under the law of the Union than those ascribed to any national jurisdiction of the Contracting States.
ARTICLE 2 Definitions for the purposes of this agreement, means: a) "Jurisdiction", the unified jurisdiction of the patent created by this agreement.
(b) "Member State" means a Member State of the European Union;
(c) ' contracting Member State"means a Member State party to the present agreement;
(d) "EPC", the Convention on the grant of European patents of 5 October 1973, including any subsequent amendments;
(e) "European patent", a patent granted in accordance with the provisions of the EPC which is not conferred of unitary effect under Regulation (EU) No. 1257/2012;
(f) "European patent to unitary effect", a European patent issued in accordance with the provisions of the EPC which is conferred a unitary effect under Regulation (EU) No. 1257/2012;
(g) "certificate" means a European patent or a European patent in unitary effect;
(h) "supplementary protection certificate", a supplementary protection certificate issued under Regulation (EC) No 469/2009 (3) or regulation (EC) No 1610/96 (4);
(i) "Statute", the statutes of the jurisdiction set out in annex I, which are integral parts of this agreement;
(j) "rules of procedure", the rules of procedure of the Court, established in accordance with article 41.
ARTICLE 3 scope of application

This agreement applies to: has) any European patent to unitary effect;
(b) any supplementary protection certificate issued for a product protected by a patent;
(c) any European patent that is not yet extinct at the date of entry into force of this agreement, or issued after that date, without prejudice to article 83; and (d) any European patent application pending at the date of entry into force of this agreement or which has been introduced after this date, without prejudice to article 83.
ARTICLE 4 legal status 1. The Court has legal personality in each Contracting Member State and has the most extensive legal capacity accorded to legal persons under the national law of the State concerned.
2. the Court is represented by the president of the Court of appeal, who is elected in accordance with the statutes.
ARTICLE 5 liability 1.
The contractual liability of the jurisdiction is governed by the law applicable to the contract in question in accordance with Regulation (EC) no 593/2008 (5) (Rome I), if applicable, or otherwise in accordance with the law of the Member State of the court seised.
2. non-contractual liability of the jurisdiction for any damage caused by it and the members of its staff in the performance of their duties, insofar as it is not a civil or commercial matters within the meaning of Regulation (EC) No 864/2007 (6) (Rome II), is governed by the law of the Contracting State in which the damage occurred. This provision shall be without prejudice to the application of article 22.
3. the jurisdiction for disputes falling within paragraph 2 is a Court of the Contracting State in which the damage occurred.
Chapter II - provisions ARTICLE 6 jurisdiction 1. The Court includes a Court of first instance, a Court of appeal and a registry.
2. the Court exercises the functions assigned to it under this agreement.
ARTICLE 7 the Court of first instance 1. The Court of first instance includes a central division as well as local and regional divisions.
2. the central division has its headquarters in Paris, as well as sections in London and Munich. Cases brought before the central division are distributed in accordance with annex II, which is an integral part of this agreement.
3. a local division is created in a Member State Contracting at the request of the latter, in accordance with the statutes. A Contracting Member State on whose territory lies a local division refers to the headquarters of the latter.
4. an additional local division is created in a Member State Contracting at the request of the latter for every 100 procedures per calendar year concerning patents having been, during three consecutive years before or after the date of entry into force of this agreement incurred in this Contracting Member State. A Contracting Member State does not count more than four local divisions.
5. a regional division is created for two Contracting Member States or more at the request thereof, in accordance with the statutes. These Contracting Member States shall designate the head of the concerned division. The regional division may hold hearings in several localities.
ARTICLE 8 Composition of the Chambers of the Court of first instance 1. The Court of first instance chambers a multinational composition.
Without prejudice to paragraph 5 of this article and article 33, paragraph 3, point a), they sit in three-judge panel.
2 rooms of a local division situated in a Member State Contracting in which, over a period of three consecutive years before or after the date of entry into force of this agreement, on average less than fifty patent procedures have been initiated by calendar year, sit in formation of a qualified judge legally who is a national of the Contracting State on whose territory is situated the local division concerned and two judges trained legal who are not nationals of the Contracting State concerned, from the pool of judges and assigned to the case by case basis, in accordance with article 18, paragraph 3.
3. Notwithstanding paragraph 2, contracting the rooms of a local division situated in a Member State in which, over a period of three consecutive years before or after the date of entry into force of this agreement, on average at least fifty patent procedures have been initiated by calendar year, sit in formation of two judges qualified legal who are nationals of the Member State Contracting which is located the local division concerned and a judge qualified in legal terms, which is not a national of the Member State Contracting concerned, from the pool of judges and assigned in accordance with article 18, paragraph 3. The third judge is assigned to the local division long term when necessary for the proper functioning of the divisions which the workload is important.
4. the Chambers of a regional division sit in formation of two qualified judges legally appointed a regional list of judges, who are nationals of the Contracting States concerned and a judge qualified in legal terms, which is not a national of the Contracting States concerned, from the pool of judges and assigned in accordance with article 18 paragraph 3.
5. at the request of one of the parties, a room of a local or regional division request to the president of the Court of first instance to assign, in accordance with article 18, paragraph 3, an additional judge in its technical, from the pool of judges, and with qualifications and experience in the technical field concerned. In addition, a room of a local or regional division may, after hearing the parties, present such a request on its own initiative, when it deems appropriate.
In cases where a qualified technically such judge is affected, no other qualified judge technically cannot be assigned to the title of article 33, paragraph 3, point (a)).
6. the Chambers of the central division sit in formation of two judges qualified in legal terms that are nationals of different Contracting States and a judge qualified technical, from the pool of judges and assigned in accordance with article 18, paragraph 3, with qualifications and experience in the technical field concerned. However, the boards of the central division who know actions referred to in article 32, paragraph 1, point i), sit in formation of three legally qualified judges who are nationals of different Contracting States.
7. Notwithstanding paragraphs 1 to 6 and in accordance with the rules of procedure, the parties may agree that their dispute will be brought before a single judge qualified legal.
8. the Chambers of the Court of first instance are presided by a judge qualified legal.
ARTICLE 9 the Court of appeal 1. The Chambers of the Court of appeal sit multinational training of five judges. They include three legally qualified judges who are nationals of different Contracting States and two judges qualified technically with qualifications and experience in the technical field concerned. Qualified technical judges are assigned to the Chamber by the president of the Court of appeal which chooses among the judges who make up the pool of judges, referred to in article 18.
2. Notwithstanding paragraph 1, the rooms who know actions referred to in article 32, paragraph 1, point i), sit in formation of three legally qualified judges who are nationals of different Contracting States.
3. the Chambers of the Court of appeal are chaired by a qualified legal judge.
4. the Chambers of the Court of appeal are established in accordance with the statutes.
5. the Court of appeal has its seat in Luxembourg.
ARTICLE 10 the registry 1. A registry shall be established at the headquarters of the Court of appeal. It is headed by the Registrar and shall perform the functions assigned to it in accordance with the statutes. Subject to the conditions set out in this agreement and the rules of procedure, the register kept by the registry is public.
2. sous-greffes with all divisions of the Court of first instance, is hereby established.
3. the Registry maintains the minutes of all cases brought before the Court. At the time of the filing, the concerned sous-greffe shall notify each case file.
4. the Court shall appoint its Registrar in accordance with article 22 of the Statute and shall adopt rules governing the exercise of its functions.
ARTICLE 11 committees there shall be established an Administrative Committee, a Budget Committee and an Advisory Committee to ensure the implementation and operation of this agreement. These committees including perform the functions provided for in this agreement and the statutes.
ARTICLE 12 Administrative Committee 1. The Administrative Committee is composed of one representative of each Contracting State. The European Commission is represented at the meetings of the Administrative Committee as an observer.
2. each Contracting State shall have one vote.
3. the Administrative Committee shall adopt its decisions by a majority of three quarters of the Contracting States represented and voting, unless the agreement or the articles of incorporation provide otherwise.
4. the Administrative Committee adopted its rules of procedure.
5. the Administrative Committee shall elect its

President from among its members for a term of three years.
This mandate is renewable.
ARTICLE 13 the Budget Committee 1. The Budget Committee is composed of one representative of each Contracting State.
2. each Contracting State shall have one vote.
3. the Budget Committee shall adopt its decisions by a simple majority of the representatives of the Contracting States.
However, the majority of three-quarters of the representatives of the Contracting States is required for the adoption of the budget.
4. the Budget Committee shall adopt its rules of procedure.
5. the Budget Committee elects its president among its members for a term of three years. This mandate is renewable.
ARTICLE 14 the Advisory Committee 1. The Advisory Committee: a) assists the Administrative Committee to prepare the appointment of the judges of the Court;
(b) proposals for the presidium referred to in article 15 of the Statute with regard to the guidelines for the training of judges framework referred to in article 19; and c) renders advice to the Administrative Committee on the qualifications referred to in article 48, paragraph 2 requirements.
2. the Advisory Committee is composed of judges and patent law practitioners and patent litigation patent having the highest level of competence recognized. Its members shall be appointed in accordance with the procedure laid down in the statutes, for a term of six years. This mandate is renewable.
3. the composition of the Advisory Committee ensures a wide range of expertise in the relevant area and representation of each of the Contracting States. Members of the Advisory Committee shall perform their duties independently and are bound by any instructions.
4. the Advisory Committee shall adopt its rules of procedure.
5. the Advisory Committee elects its president among its members for a term of three years.
This mandate is renewable.
Chapter III - judges of the Court ARTICLE 15 requirements to be appointed judge 1.
The Court includes judges qualified legal and qualified technical judges. The judges are the highest level of competence and a proven track record in the field of patent litigation.
2. the qualified legal judges possess the qualifications required for appointment to judicial functions in a Contracting State.
3. the qualified technical judges are holders of a university degree in a technical field and have competence in this area. They also have a knowledge proved of civil law and civil procedure in the field of patent litigation.
ARTICLE 16 appointment Procedure 1. The Committee establishes a list of the most qualified candidates to be appointed as judges at the Court, in accordance with the statutes.
2. on the basis of this list, the Administrative Committee shall appoint, by mutual agreement, the judges of the Court.
3. the implementing provisions relating to the appointment of judges are provided for in the statutes.
ARTICLE 17 judicial independence and impartiality 1. The Court, the judges who sit and the Registrar are of judicial independence. In the exercise of their functions, judges are bound by any instructions.
2. the qualified judges in legal terms, and the judges qualified technically sitting permanently to the jurisdiction, cannot exercise any other occupation, whether gainful or not, unless waived by the Administrative Committee.
3. Notwithstanding paragraph 2, the exercise of the mandate of judge does not exclude the exercise of other judicial functions at the national level.
4. the exercise of the mandate of judge qualified technically sitting not permanently to the Court does not exclude the exercise of other functions, provided that there is no conflict of interest.
5. in the event of a conflict of interest, the judge concerned does not take part in the proceedings. The rules governing conflicts of interest are set out in the statutes.
ARTICLE 18 Pool of judges 1. There is hereby established a pool of judges in accordance with the statutes.
2. the pool of judges includes all judges qualified legal and all judges qualified on the technical level of the Court of first instance who sit permanently or not to the jurisdiction. The pool of judges includes, for each technical field, at least a judge qualified technically with the qualifications and experience required. The qualified judges from the pool of judges from technically are also at the disposal of the Court of appeal.
3. When this agreement or the articles so provide, judges from the pool are assigned to the division concerned by the president of the Court of first instance. The assignment of judges takes into account their legal or technical skills, language skills and the required experience. It ensures the same high level of quality of works and legal and technical expertise in all rooms of the Court of first instance.
ARTICLE 19 training framework 1.
There is hereby established a framework of training for judges, whose conditions are detailed in the statutes, to improve and to increase expertise in the field of patent litigation and to ensure broad geographical dissemination of this knowledge and specific experience. This framework infrastructure are located in Budapest.
2. the training framework focuses in particular on: has) the organisation of placements in the national courts patent or in the divisions of the Court of first instance familiar with a large number of cases in the field of patent litigation;
(b) the improvement of language skills;
(c) the technical aspects of the patent law;
(d) dissemination of knowledge and experience in civil procedure for technically qualified judges);
(e) the preparation of candidates for the office of judge).
3. the training provides ongoing training. Meetings are held regularly between all judges of the Court to discuss developments in the field of the law of patents and the consistency of the jurisprudence of the Court.
Chapter IV - rule of law of the UNION and responsibility of States members contractors ARTICLE 20 rule and respect for the right of the Union to jurisdiction apply EU law in its entirety and respects its primacy.
ARTICLE 21 requests for a preliminary ruling as common to the Contracting States jurisdiction and insofar as it is part of their judicial system, the Court cooperates with the Court of justice of the European Union in order to ensure the proper application and uniform interpretation of the law of the Union, as any national jurisdiction, in accordance with, in particular, in article 267 TFEU. The decisions of the Court of justice of the European Union are binding for the Court.
ARTICLE 22 responsibility for damage resulting from violations of the law of the Union 1. The Contracting States are jointly and severally liable for damages resulting from an infringement of the right of the Union by the Court of appeal, in accordance with the EU law on non-contractual liability of Member States for damage resulting from a violation of the law of the Union by their national courts.
2 action on such damages is formed against the contracting Member State in which the applicant has its domicile or its principal place of business or, in the absence of residence or principal place of business, its establishment to the competent authority of that Member State Contracting. If the applicant has no domicile or principal place of business or, in the absence of residence or principal place of business, its establishment in a Contracting State, it may form such an action against the contracting Member State in which the Court of appeal has its headquarters, to the competent authority of the contracting Member State.
The competent authority shall apply the law of the Forum, with the exception of its private international law, in all matters that are not governed by the law of the Union or by this agreement.
The applicant has the right to obtain the full amount of damages required by the competent authority on the part of the contracting Member State against which the action was formed.
3. the State Contracting Member who has paid the damages has the right to obtain a proportional contribution determined in accordance with the method laid down in article 37, paragraphs 3 and 4, on the part of the other Contracting Member States. The detailed rules governing the contribution payable by the Contracting States in respect of this paragraph are laid down by the Administrative Committee.
ARTICLE 23 liability of the Contracting States jurisdiction shares are directly attributable individually to each of the Contracting States, including for the purposes of articles 258, 259 and 260 of TFEU as well as collectively to all of the Contracting States.
Chapter V - SOURCES of law and right equipment ARTICLE 24 Sources of law 1. In full compliance with article 20, when she has to deal with a matter referred to it under this agreement, the Court bases its decisions on: has) the right of the Union, including regulation (EU) No. 1257/2012 and Regulation (EU) No. 1260/2012 (7);
(b) this agreement;
(c) EPC;
(d) other international agreements applicable to patents and binding with respect to all Contracting States; and (e)) the national rights.

2. in cases where the Court bases its decisions on national law, including, where applicable, the right of non-Contracting States, the applicable law is determined: was) by the directly applicable provisions of the law of the Union which contain rules of private international law; or (b) in the absence of directly applicable provisions of Union law or if they do not, apply the international instruments containing rules of international law; or c) in the absence of provisions referred to the points a) and b), by the national provisions of private international law, determined by the Court.
3. the law of non-Contracting States applies where it is designated in accordance with the rules referred to in paragraph 2, in particular with regard to articles 25 to 28, 54, 55, 64, 68 and 72.
ARTICLE 25 right to prevent the direct use of the invention a patent confers on its proprietor the right to prevent any third party in the absence of consent,: a) from making, offering, putting on the market or using a product which is the subject of the patent, or importing or hold this product for these purposes;
(b) to use the process which is the subject of the patent or, when the third party knows or ought to have known that the use of the process is prohibited without the consent of the holder of the patent, to provide the use on the territory of the Member States Contracting in which the patent has effect.
(c) from offering, putting on the market, to use either to import or to hold for these purposes a product obtained directly by a process which is the subject of the patent.
ARTICLE 26 right to prevent the indirect use of the invention 1. A patent confers on its proprietor the right to prevent, in the absence of consent, any third party, to provide or offer to provide, on the territory of the Contracting States in which the patent has effect, to one person other than one entitled to exploit the patented invention, means of implementation, in the territory of this invention relating to an essential element of the When the third party knows, or ought to have known, that these means are suitable and intended for this implementation.
2. paragraph 1 shall not apply when the means are common consumer products, except when the third party induces the person to whom they are supplied to commit acts prohibited by article 25.
3. do not qualify as persons entitled to exploit the invention within the meaning of paragraph 1 those performing the acts referred to in article 27, point a) to (e)).
ARTICLE 27 Limitations of the effects of a patent the rights conferred by a patent extend to any of the following acts: a) acts performed in a private setting and for non-commercial purposes;
(b) acts done for experimental purposes relating to the subject of the patented invention;
c) the use of biological materials to create or discovering and developing other varieties;
d) acts allowed pursuant to article 13, paragraph 6, Directive 2001/82/EC (8) and article 10, paragraph 6, of Directive 2001/83/EC (9) in relation to any patent on the product in the sense of one or other of these directives;
(e) the preparation of extemporaneous made medicines and per unit in the pharmacy prescription pharmacies, or acts concerning the medicine so prepared;
(f) the use of the patented invention on board vessels of countries members of the International Union for the protection of industrial property (Paris Union) or members of the world Organization of trade other than the Contracting States in which the patent concerned produced its effects in the body of the said vessel, in the machinery, tackle, gear and other accessories, when entering these vessels temporarily or accidentally enter the waters of a Contracting State in which the patent concerned produced its effects, provided that the invention is used exclusively for the needs of the vessel;
(g) the use of the patented invention in the construction or operation of locomotion air or land vehicles or other means of transport of member countries of the International Union for the protection of industrial property (Paris Union) or members of the World Trade Organization other than the Contracting States in which the patent concerned produces its effects, or these gear accessories When they enter temporarily or accidentally in the territory of a Contracting Member State in which the patent has effect.
(h) the acts provided for by article 27 of the Convention on international civil aviation of 7 December 1944 (10), where these acts concern the aircraft of a country party to that Convention other than a Contracting Member State in which that patent has effect.
(i) the use by a farmer of the product of his harvest for propagation on its own holdings, provided that the plant reproductive material was sold or marketed under another form to the farmer by the holder of the patent or with his consent for agricultural purposes. The extent and the conditions of such use correspond to those laid down in article 14 of Regulation (EC) No 2100/94 (11);
(j) the use by a farmer of livestock protected for agricultural use, provided that farmed animals or other animal reproductive material was sold or marketed under another form to the farmer by the holder of the patent or with his consent. Such use includes the placing at disposal of the animal or other reproductive material animal for the continuation of the agricultural activity of the farmer, but not sale within the framework or to a commercial reproduction activity;
k) acts and the use of such information as permitted under articles 5 and 6 of Directive 2009/24/EC (12), in particular through its provisions on decompilation and interoperability;
and l) acts allowed pursuant to article 10 of Directive 98/44/EC (13).
ARTICLE 28 right based on prior invention use anyone, where a national patent has been granted for an invention, would have acquired in a Member State Contracting, a right based on prior to this invention use or a right of possession personal on this invention shall enjoy in that Contracting State, same rights with respect to the patent with this invention for object.
ARTICLE 29 exhaustion of the rights conferred by a European patent the rights conferred by a European patent do not extend to acts concerning a product covered by the patent after that this product has been on the market in the European Union by the holder of the patent or with his consent, unless there are legitimate grounds for that proprietor in opposing the continued marketing of the product.
ARTICLE 30 effects of supplementary protection certificates supplementary protection certificate confers the same rights as those conferred by the patent and is subject to the same limitations and the same obligations.
Chapter VI - International ARTICLE 31 international jurisdiction the international jurisdiction of the Court jurisdiction is established in accordance with the Regulation (EU) No. 1215/2012 or, where appropriate, on the basis of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Convention de Lugano) (14).
ARTICLE 32 jurisdiction of the Court 1. The Court has exclusive jurisdiction for: has) actions for infringement or threatened infringement of patents and supplementary protection certificates and defences y related thereto, including the counterclaims on licenses;
(b) actions for declaration of non-infringement of patents and supplementary protection certificates;
c) actions to obtain provisional and protective measures and injunctions;
d) actions in nullity of patents and supplementary protection certificates;
e) counterclaims for invalidity of patents and supplementary protection certificates;
f) actions for damages or compensation arising from the provisional protection conferred by a European patent application published;
(g) actions relating to the use of the invention before the grant of the patent or to the right based on prior use of the invention;
h) actions in repair licensing formed on the basis of article 8 of Regulation (EU) No. 1257/2012; and i) actions concerning the decisions taken by the European Patent Office in carrying out tasks referred to in article 9 of Regulation (EU) No. 1257/2012.
2. the national courts of the contracting Member States remain competent for actions related to patents and supplementary protection certificates which are not the exclusive jurisdiction of the Court.
ARTICLE 33 jurisdiction of the divisions of the Court of first instance 1. Without prejudice to paragraph 7 of this article, the actions referred to in article 32, paragraph 1, points a), c), f) and g), are likely to: has) the local division located on the territory of the Contracting State where the infringement or threat of infringement has occurred or is likely to occur, or to the regional division to which such Contracting Member State participates; or (b) the local division located in the territory

Contracting in which Member State the defendant or, if there are several defendants, one of the defendants has his domicile or principal place of business or, in the absence of home principal place of business, its establishment, or to the regional division in which that Contracting Member State participates.
An action may be brought against several defendants only if they have a commercial link and the action involves the same alleged infringement.
The actions referred to in article 32, paragraph 1, point h), are brought before local or regional division in accordance with point b) of the first subparagraph.
Actions against defendants having their domicile or their principal place of business or, in the absence of residence or principal place of business, their establishment outside the territory of the Contracting States are brought to local or regional division in accordance with point) of the first paragraph or to the central division.
If no local division is located on the territory of the Contracting State concerned and that it does not participate in a regional division, actions are brought before the central division.
2. If an action referred to in article 32, paragraph 1, points a), c), f), g) or h), is pending before a division of the Court of first instance, no action referred to in article 32, paragraph 1, points a), c), f), g) or h), cannot be brought between the same parties concerning the same patent in any other division.
If an action referred to in article 32, paragraph 1, point a), is pending before a regional division and that infringement occurred on the territory of at least three regional divisions, at the request of the respondent, the concerned regional division shall refer the matter to the central division.
If an action is brought between the same parties concerning the same patent before several different divisions, before first division is responsible for the entirety of the case and any division submitted subsequently declares the action inadmissible in accordance with the rules of procedure.
3. a counterclaim for invalidity referred to in article 32, paragraph 1, point e), may be made in an action for infringement referred to in article 32, paragraph 1, point (a)). After hearing the parties, local or regional division concerned, the Faculty: has) is to decide on infringement proceedings on the counterclaim for invalidity and to ask the president of the Court of first instance allocation, in accordance with article 18, paragraph 3, a judge described on the technical plan arising from the pool of judges and with skills and experience in the technical field concerned;
(b) either to refer the counterclaim for a declaration of invalidity to the central division for decision and to suspend infringement action or rule on it; or (c) is, with the agreement of the parties, to refer the case to the central division for decision.
((4. the actions referred to in article 32, paragraph 1, b) and (d)), shall be brought in the central division. If, however, an action for infringement referred to in article 32, paragraph 1, point a), has been initiated between the same parties with respect to the same patent before a local or regional division, the above actions may be brought before the same local or regional division.
5. If an action in nullity referred to in article 32, paragraph 1, point d), is pending before the central division, an action for infringement referred to in article 32, paragraph 1, point a), may be brought between the same parties concerning the same patent before any division, in accordance with paragraph 1 of this article, or before the central division. Local or regional division concerned the Faculty of proceedings pursuant to paragraph 3 of this article.
(6. an action for declaration of non-infringement referred to in article 32, paragraph 1, point b), pending before the central division is suspended as soon as an action for infringement referred to in article 32, paragraph 1, point a), has begun between the same parties or between the holder of an exclusive licence and the party requesting the finding of infringement regarding the same patent before a local or regional division within a period of three months from the date on which the action was brought before the central division.
7. the parties may agree to the actions referred to in article 32, paragraph 1, point a) to h), before the division of their choice, including the central division.
8. the actions referred to in article 32, paragraph 1, point d) and (e)), may be instituted without requiring the applicant to institute proceedings before the European Patent Office.
9. the actions referred to in article 32, paragraph 1, point i), shall be brought in the central division.
10. the parties shall inform the Court of any nullity, limitation or pending opposition proceedings before the European Patent Office, as well as any request for expedited filed with the European Patent Office.
The Court may suspend the procedure when a quick decision may be expected from the European Patent Office.
ARTICLE 34 territorial scope of decisions the decisions of the Court covers, in the case of a European patent, the territory of the Contracting States for which the patent has effect.
Chapter VII MEDIATION and Arbitration section 35 patent Centre for mediation and arbitration patent 1. There is hereby established a centre for mediation and arbitration patent (hereinafter referred to as the 'centre'). It has its headquarters in Ljubljana and Lisbon.
2. the centre provides services of mediation and arbitration of patent disputes falling under the scope of this agreement. Article 82 shall apply mutatis mutandis to any settlement of a dispute through the services provided by the centre, including mediation. However, a patent may not be cancelled or limited in mediation or arbitration proceedings.
3. the centre defines rules governing mediation and arbitration.
4. the centre shall establish a list of mediators and arbitrators to assist the parties to settle their dispute.
Part II - Financial provisions ARTICLE 36 Budget of jurisdiction 1. The budget of the Court is funded on own financial revenue of jurisdiction and, at least during the transitional period referred to in article 83, if necessary, on the contributions of the contracting Member States. The budget is in balance.
2. own financial revenue of the Court include the payment of the costs of proceedings and other recipes.
3. the proceedings fees are fixed by the Administrative Committee. They include a fixed amount, combined with an amount based on the value of the dispute beyond a predefined ceiling.
The amount of the costs is fixed at a level ensuring a fair balance between the principle of equitable access to justice, especially for small and medium-sized enterprises, micro-entities, individuals, non-profit organizations, universities and public research bodies, and an adequate contribution of the parties to the costs incurred by the Court taking into account the economic benefits for the parties concerned and the objective of that jurisdiction is self-funded and balance accounts. The amount of the costs of the proceedings is periodically reviewed by the Administrative Committee.
Targeted for small and medium-sized enterprises and micro-entities support measures may be considered.
4. If the Court is not able to balance its budget using its own resources, the contracting Member States pay him special financial contributions.
ARTICLE 37 funding of jurisdiction 1. The operational costs of the jurisdiction are covered by its budget, in accordance with the statutes.
The Contracting States which create a local division provide the infrastructure necessary for this purpose. The contracting Member States who share a regional division jointly provide the infrastructure necessary for this purpose. The Contracting States on the territory of which the central division is located, its sections or the Court of appeal provide the infrastructure required for these.
During an initial transition period of seven years from the date of entry into force of this agreement, the contracting Member States also provide administrative support staff, without prejudice to the status of such personnel.
2 the date of entry into force of this agreement, the contracting Member States provide initial financial contributions necessary for the creation of the Court.
3. during the period transitional initial seven years from the date of entry into force of this agreement, the contribution of each Contracting State having ratified the agreement or y acceded before its entry into force is calculated based on the number of patents European with effect in the territory of the State concerned on the date of entry into force of this agreement and the number of patents Europeans to the subject which the infringement actions or in nullity have been initiated before the courts national of that State during the three years preceding the entry into force of this agreement.
During the initial transitional period of seven years, the contributions of the Member States which ratify this agreement or accede after its entry into force are calculated in function

the number of European patents with effect in the territory of the Member State ratifying the agreement or accession at the date of ratification or accession and the number of patents European about which infringement or invalidity actions brought before the national courts of the Member State ratifying the agreement or accession during the three years preceding the ratification or accession.
4. at the expiry of the transitional period of seven years, at the end of which it is expected that the jurisdiction is self-financing, if Contracting Member States contributions are needed, they are determined in accordance with the distribution of annual patent fees key Europeans to unitary effect applicable at the time the contribution becomes necessary.
ARTICLE 38 funding of the framework of training of judges the framework of training of judges is funded from the budget of the Court.
ARTICLE 39 centre funding the operating costs of the centre are funded from the budget of the Court.
Part III - organization and provisions procedural chapter I – General provisions ARTICLE 40 articles 1. Statutes shall lay down the modalities of the Organization and the functioning of the Court.
2. the statutes shall be annexed to this agreement. They may be modified by decision of the Administrative Committee on the basis of a proposal of the Court or a proposal for a State Contracting after consultation with the Court. However, these amendments are not contrary to this agreement and does not affect it.
3. the articles ensure that the functioning of the Court is organized by the most effective and economic manner that either and ensures equitable access to justice.
ARTICLE 41 rules of procedure 1. The rules of procedure regulates the procedure before the Court. It is consistent with this agreement and the statutes.
2. the rules of procedure was adopted by the Administrative Committee on the basis of extensive consultations with interested parties. Prior notice of the European Commission on the compatibility of the rules of procedure with the right of the Union is requested.
The rules of procedure may be amended by decision of the Administrative Committee on the basis of a proposal from the Court and after consultation of the European Commission. However, these amendments are not contrary to this agreement or the Statute and does not adversely affect.
3. the rules of procedure ensures that the decisions of the Court are of the highest quality and that the procedure is organized in the most efficient and cost-effective manner that is. It strikes a fair balance between the legitimate interests of all parties. It provides judges the required level of rated power without compromising the predictability of the procedure for the parties.
ARTICLE 42 proportionality and fairness 1. The Court deals with disputes in a manner commensurate with their importance and their complexity.
2. the Court shall ensure that the rules, procedures and remedies provided by this agreement and the statutes are used in a fair and equitable manner and does not distort competition.
ARTICLE 43 processing of cases the Court deals with cases referred to it in accordance with its rules of procedure without compromising the freedom available to the parties to determine the subject of the case and the evidence supporting diligently.
ARTICLE 44 electronic Procedures to jurisdiction uses the best electronic procedures, including for the filing of submissions of the parties and disclosure of evidence, as well as videoconferencing, in accordance with its rules of procedure.
ARTICLE 45 public debates the proceedings of the Court are public unless it determines, insofar as this is necessary to make confidential in the interest of one of the parties or other relevant persons, or in the interest of justice or public order.
ARTICLE 46 legal capacity any physical or legal person, or any body equivalent to a legal person entitled to initiate proceedings in accordance with its national law, has the capacity to appear before the Court.
ARTICLE 47 parts 1. The holder of a patent is entitled to form an action before the Court.
2. unless the agreement of license provides otherwise, the holder of an exclusive patent licence is entitled to form an action before the Court under the same conditions as the holder of the patent, provided that the patent holder is informed in advance.
3. the holder of a non-exclusive license is not empowered to form an action before the Court, unless the proprietor of the patent is informed in advance and insofar as this is expressly permitted by the license agreement.
4. within the framework of actions by the holder of a licence, the patentee has the right to join in the action brought before the Court.
5. the validity of a patent cannot be challenged in an action for infringement committed by the holder of a licence if the holder of the patent does not participate in the procedure. The party to the action for infringement who wishes to challenge the validity of a patent is obliged to commence an action against the proprietor of the patent.
6. any other natural or legal person, or any body empowered to take action in accordance with its national law, which is concerned with a patent may bring an action in accordance with the rules of procedure.
7. any person or entity, or any body empowered to take action in accordance with its law national and who is affected by a decision taken by the European Office of patents in the performance of the tasks referred to in article 9 of Regulation (EU) No. 1257/2012 has the right to form an action under article 32, paragraph 1, point i).
ARTICLE 48 Representation 1. The parts are represented by a lawyer authorised to practise before a Court of a Contracting State.
2. the parties also have the possibility to be represented by a European patent attorneys entitled to act as professional representatives before the European Patent Office under article 134 of the EPC and who possess the appropriate qualifications, such as a European certificate in the field of patent litigation.
3. the requirements of qualifications set out in paragraph 2 are established by the Administrative Committee. A list of authorised European patent attorneys to represent parties before the Court was held by the Registrar.
4. the representatives of the parties may be assisted by patent attorneys, who are allowed to speak at the hearing before the Court in accordance with the rules of procedure.
5. the representatives of the parties shall enjoy the rights and guarantees necessary for the independent exercise of their functions, including the privilege of confidentiality covering communications between a representative and the represented or any other person in connection with the proceedings before the Court under the conditions laid down in the rules of procedure, unless the party concerned expressly waives this privilege.
6. the representatives of the parties are required not to distort facts to the Court, or points of law knowingly or so they had every reason to know.
7. the representation referred to in paragraphs 1 and 2 of the present article is not required in proceedings under article 32, paragraph 1, point i).
Chapter II - language of proceedings ARTICLE 49 language of proceedings before the Court of first instance 1. The language of proceedings before the local divisions or regional is an official language of the Union which is the official language or one of the official languages of the Contracting State on whose territory the relevant division, is located or official languages designated by the Contracting States who share a regional division.
2. Notwithstanding paragraph 1, the contracting Member States may designate one or more language (s) official (s) of the European Patent Office as the language of the proceedings of their local or regional division.
3. the parties may agree to use as language of proceedings the language in which the patent was issued, subject to the approval of the competent Chamber. If the House does not approve the choice of the parties, they may ask that the matter be referred to the central division.
4. with the agreement of the parties, the competent Chamber may, for reasons of convenience and fairness, decide to use as language of proceedings the language in which the patent was issued.
5. at the request of one of the parties and after hearing the other parties and the competent Chamber, the president of the Court of first instance may, for reasons of fairness and taking into account all relevant circumstances, including the position of the parties, in particular the position of the respondent, decide to use as language of proceedings the language in which the patent was issued. In this case, the president of the Court of first instance determines whether it is necessary to make special arrangements for translation and interpretation.
6. the language of proceedings before the central division is the language in which the patent was issued.
ARTICLE 50 language of proceedings before the Court of appeal 1. The language of proceedings before the Court of appeal is one that has been used before the Court of first instance.
2.

Notwithstanding paragraph 1, the parties may agree to use as language of proceedings the language in which the patent was issued.
3. in exceptional cases and to the extent where it is appropriate, the Court of appeal may decide to use all or part of the procedure, another official language of a Member State Contracting as language of proceedings, subject to the agreement of the parties.
ARTICLE 51 other language provisions 1. Any Chamber of the Court of first instance as well as the Court of appeal may, where deemed appropriate, pass in addition to translation requirements.
2. at the request of one of the parties, and insofar as it is deemed appropriate, any division of the Court of first instance and the Court of appeal provide an interpretation service to assist the parties involved in oral proceedings.
3. Notwithstanding article 49, paragraph 6, in cases where an action for infringement is committed before the central division, a defendant having his residence, his principal place of business or its establishment in a Member State is entitled to obtain, on request, a translation of the relevant documents in the language of the Member State in which he has his domicile, principal place of business or (in the absence of residence or principal place of business, its establishment, in the following circumstances: a) the central division is seized in accordance with article 33, paragraph 1, third or fourth paragraph; and (b) the language of proceedings before the central division is not an official language of the Member State in which the defendant has his domicile, principal place of business or, in the absence of residence or principal place of business, its establishment; and (c) the defendant is not sufficient knowledge of the language of proceedings.
Chapter III – PROCEDURE before the Court ARTICLE 52 Procedure written, pre-appeal and oral procedure 1. The proceedings before the Court includes a written procedure, pre-trial proceedings and oral proceedings, in accordance with the rules of procedure. All procedures are arranged in a flexible and balanced.
2. in the framework of the procedure of readiness, once the written procedure is completed and, if necessary, the judge acting as rapporteur, in the context of a mandate of the whole college, is responsible for a pre-trial hearing. In particular, the judge studied with the parties the possibilities of achieving a settlement, including through mediation and/or arbitration using the services of the centre referred to in article 35.
3. the oral procedure provides parties the opportunity to properly present their arguments. With the agreement of the parties, the Court may waive the hearing.
ARTICLE 53 means of evidence 1.
In proceedings before the national court, investigative measures following may include: a) hearing the parties;
(b) requests for information;
(c) the production of documents;
(d) the hearing of witnesses);
e) expertise;
(f) the inspection);
(g) comparative tests or experiences;
h) written statements made under the faith of the oath.
2. the rules of procedure governs the procedure relating to the obtaining of such evidence.
The questioning of witnesses and experts is carried out under the control of the Court and is limited to what is necessary.
ARTICLE 54 burden of proof without prejudice to article 24, paragraphs 2 and 3, the burden of proof of the facts is the responsibility of the party invoking them.
ARTICLE 55 reversal of the burden of proof 1. Without prejudice to article 24, paragraphs 2 and 3, if the subject matter of a patent is a process for obtaining a new product, any product identical manufactured without the consent of the proprietor of the patent is, until evidence to the contrary, be deemed as having been obtained by the patented process.
2. the principle set out in paragraph 1 shall also apply where the probability is high that the same product has been obtained by the patented process and that the patentee could not, despite reasonable efforts, determine what process was actually used for the identical product.
3. in the presentation of evidence to the contrary, are taken into account the legitimate interests of the defendant for the protection of its trade secrets and business.
Chapter IV - jurisdiction ARTICLE 56 powers General powers of jurisdiction 1.
The Court may impose the measures, procedures and remedies provided by this agreement and match its orders of conditions, in accordance with the rules of procedure.
2. the national court takes due account of the interests of the parties and, before making an order, it gives the parties an opportunity to be heard, unless this is incompatible with effective implementation of the said order.
ARTICLE 57 Experts from jurisdiction 1. Without prejudice to the possibility for the parties to produce evidence of expert, the Court may at any time appoint experts to shed light specializing on particular aspects of the case.
The Court provides to these experts all the necessary information to enable them to give their opinion in their capacity as experts.
2. at this end, an indicative list of experts is established by the Court in accordance with the rules of procedure. This list is maintained by the Registrar.
3. the experts with the Court offer every guarantee of independence and impartiality. The rules governing conflicts of interest applicable to judges as set out in article 7 of the Statute shall apply by analogy in their regard.
4. the opinions of experts before the Court are put at the disposal of the parties, who have the opportunity to provide their comments on these opinions.
ARTICLE 58 Protection of confidential information in order to protect the secrets of the business, the personal data or other information confidential by a party to the proceedings or a third party, or to prevent misuse of evidence, the Court may order that the collection and use of evidence during the procedure be restricted or prohibited or that access to such evidence be limited to particular persons.
SECTION 59 order for production of evidence 1. At the request of a party which has presented reasonably accessible and sufficient elements of proof to substantiate his allegations and said evidence in support of his allegations which are under the control of the opposing party or a third party, the Court may order that evidence be produced by the opposing party or a third party , provided that the protection of confidential information is assured. This order does not confer obligation of this party to testify against itself.
2. at the request of a party, the Court may, under the same conditions as those laid down in paragraph 1, order the disclosure of banking documents, financial or business that are under the control of the opposing party, subject to that confidential information is protected.
SECTION 60 order preserving evidence and inspection 1. At the request of the applicant who introduced elements of evidence reasonably available to support its claims that its patent had been infringed or that such infringement is imminent, the Court may, before even the commitment of an action on the merits, order prompt and effective provisional measures to preserve relevant evidence with regard to the alleged infringement , provided that the protection of confidential information is assured.
2. such measures may include the detailed description, with or without sampling, or material entering the goods in dispute and, where appropriate, equipment and instruments used to produce and/or distribute these products as well as documents related.
3. the Court may, before even the commitment of an action at the bottom, at the request of the applicant who presented evidence to support its claims that its patent had been infringed or that such infringement is imminent, order a descent on the premises. This inspection is performed by a person appointed by the Court in accordance with the rules of procedure.
4. on the descent on the premises, the applicant is not present in person, but it can be represented by an independent professional whose name appears in the court order.
5. measures are ordered, where appropriate, without the other party being heard, particularly when any delay would cause irreparable harm to the holder of the patent or where there is a demonstrable risk of destruction of evidence.
6. in cases where measures for the conservation of evidence or a descent on the premises are ordered unless the other party had been heard, the parties affected in are notified, without delay and at the latest immediately after the execution of the measures. A review, including a right to be heard, at the request of the affected parties so that it be decided, within a reasonable time after notification of the measures, whether they should be modified, revoked or confirmed.
7. the measures for the conservation of evidence may be subordinated to the constitution by the applicant of a security or an equivalent assurance intended to ensure compensation for any prejudice suffered by the defendant in accordance with paragraph 9, adequate.
8. the Court shall ensure that the conservation measures

evidence are revoked or ceases to have effect in another way, at the request of the defendant, without prejudice to the damages which may be claimed, if the applicant has not committed, within a period not exceeding thirty-one days or 20 working days, the longest time being retained, leading to a decision on the merits the court action.
9. in cases where evidence conservation measures are repealed or cease to be applicable due to any act or omission by the applicant, or in the case where it is subsequently found that there has been infringement or threat of infringement of a patent, the Court may order the applicant, at the request of the defendant, to grant him appropriate compensation for any damage suffered as a result of these measures.
ARTICLE 61 orders freezing 1. At the request of the applicant who introduced elements of evidence reasonably available to support its claims that its patent had been infringed or that such infringement is imminent, the Court may, before even the commitment of an action on the merits, order a party do not leave the territory which falls within its jurisdiction of the assets located in that territory, or do not carry out transactions on assets they are located on this territory.
2. article 60, paragraphs 5 to 9 shall apply by analogy to the measures referred to in this article.
ARTICLE 62 provisional and protective measures 1. The Court may, by order, issue injunctions against the alleged infringer or an intermediary whose services are being used by the infringer assumed, to prevent any infringement imminent, to forbid, on a provisional basis and subject, where appropriate, the payment of a fine, that the alleged infringement continues, or to subordinate its pursuit to the establishment of guarantees intended to ensure the compensation of the right holder.
2. the Court has discretion to balance the interests of the parties and, in particular, to take account of potential adverse effects to one or other of the parties resulting from its decision to take action or not the injunction in question.
3. the Court may also order the seizure or delivery of products which are suspected of infringing a patent to prevent their introduction or circulation in the commercial circuits. If the applicant justified circumstances likely to endanger the recovery of damages, the Court may order the precautionary seizure of the movable property and real estate of the alleged infringer, including the blocking of his bank accounts and other assets.
4. the Court may, in the context of the measures referred to in paragraphs 1 and 3, require the applicant to provide any reasonable evidence to acquire with sufficient certainty the conviction that he is the holder of the right and that is infringed his right, or that such infringement is imminent.
5. article 60, paragraphs 5 to 9, shall apply by analogy to the measures referred to in this article.
ARTICLE 63 permanent injunctions 1.
When a decision finding the infringement of a patent is made, the Court may issue against the infringer an injunction aimed at prohibiting the continuation of the infringement. The Court may also decide an injunction against an intermediary whose services are used by a third party to infringe a patent.
2. where appropriate, failure to comply with the injunction referred to in paragraph 1 is liable to a penalty payment to be paid to the Court.
ARTICLE 64 corrective measures in proceedings for infringement 1. Without prejudice to any damages to the injured party because of counterfeiting, and without compensation of any kind, the Court may order, at the request of the applicant, that appropriate measures be taken with regard to the products which it will be found that they infringe a patent and, where appropriate, with respect to the equipment and instruments principally used in the creation or in the manufacture of these products.
2. these measures include: a) a declaration of infringement;
(b) the recall of products from the channels of Commerce;
(c) the elimination of the contentious nature of the products;
d) away final development of commercial products; or e) destruction of products and/or equipment and instruments.
3. the court orders that these measures be implemented at the expense of the infringer, unless particular reasons opposing it are invoked.
4. in the course of the examination of a request for corrective action under this section, the Court takes into account that there must be proportionality between the gravity of the infringement and the remedies to be ordered, that the infringer is willing to deliver the materials in a non-litigious State, as well as the interests of third parties.
ARTICLE 65 Decision on the validity of a patent 1. The Court shall decide on the validity of a patent on the basis of an action in nullity or a counterclaim for a declaration of invalidity.
2. the Court may cancel a patent, in whole or in part, for the reasons referred to in article 138, paragraph 1, and article 139, paragraph 2, of the EPC.
3. without prejudice to article 138, paragraph 3, of the EPC, if the grounds for invalidity are the patent that partially, the patent is limited by a corresponding amendment of the claims and is cancelled in part.
4. insofar as a patent has been cancelled, it shall be deemed to have been, for at the outset, devoid of effects specified in articles 64 and 67 EPC.
5. when the Court, in a final decision, cancels a patent in whole or in part, it shall forward a copy of the decision at the European Patent Office and, if it comes to a European patent, the national Board of patents of any Contracting State concerned.
ARTICLE 66 powers of the Court concerning the decisions of the European Office of patents 1. Field actions committed under article 32, paragraph 1, point i), the Court may exercise any power which has been entrusted to the European Office of patents under article 9 of Regulation (EU) No. 1257/2012, including conduct the rectification of the register of the unitary protection conferred by a patent.
2. in the context of the actions under article 32, paragraph 1, point i), by way of derogation from article 69, the parties bear their own costs.
SECTION 67 authority to order the disclosure of information 1.
In response to a justified and proportionate request of the applicant and in accordance with the rules of procedure, the Court may order an infringer to inform the applicant in relation to: a) the origin and channels of distribution of products or litigious processes;
(b) the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods in dispute;
and (c) the identity of any third parties involved in the production or distribution of the goods in dispute or in the use of the contentious process.
(2. the Court may also, in accordance with the rules of procedure, order any third party: has) which found that he was in possession of disputed products on a commercial scale, or he was using a contentious process on a commercial scale;
b) it was found that it was providing services used for the purposes of contentious activities on a commercial scale; or c) designated by the person referred to in point a) or b) as having participated to the production, manufacture or distribution of products; or litigious processes or the provision of services
to provide to the applicant the information referred to in paragraph 1.
ARTICLE 68 granting of damages 1. The Court, at the request of the injured party, order the infringer who engaged in an activity of infringement of a patent knowingly or having reasonable grounds to know, to pay to the injured party for damages corresponding to the injury actually suffered by that party due to counterfeiting.
2. the injured party is, to the extent possible, placed in the position in which it would have been if no infringement had taken place. The infringer cannot benefit from the infringement. However, damages are not punitive.
3. when the Court fixed damages: has) it takes into consideration all aspects appropriate such as the negative economic consequences, including loss of profits, suffered by the injured party, any unfair profits of the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the injured because of counterfeiting; (or b) instead of the solution referred to in point a), it may decide, in cases appropriate to fix a lump sum of damages on the basis of elements such as at least the amount of royalties or rights that would have been due if the infringer had requested authorisation to use the patent in question.
4. where the infringer is not engaged in an activity of counterfeiting knowingly or having reasonable grounds to know, the Court may order the recovery of profits or the payment of compensation.
ARTICLE 69 1 justice charges. Reasonable and proportionate legal costs and other expenses incurred by the party who have been successful are, as a general rule, supported by the losing party, unless equity does oppose.

in the limit of a ceiling fixed in accordance with the rules of procedure.
2. when a party gets only partially gain cause or in exceptional circumstances, the Court may order that the costs be apportioned equitably or that the parties bear their own costs.
3. each party should bear the unnecessary costs that she did commit by the Court or by the other party.
4 at the request of the defendant, the Court may order the applicant to provide appropriate coverage for the legal fees and other expenses exposed by the defendant which might lie with the applicant, including in the cases referred to in sections 59 to 62.
ARTICLE 70 fees 1. The parties to the proceedings before the court support the costs of the proceedings.
2. the proceedings fees are paid in advance, unless otherwise provided in the rules of procedure. Any party who have not paid the costs of proceedings prescribed may be excluded from participation as a result of the procedure.
ARTICLE 71 assistance legal 1. A party having the status of natural person and being unable to pay, in whole or in part, the costs of the proceedings may at any time apply for legal aid. The conditions for the granting of legal aid are contained in the rules of procedure.
2. the Court decides, in accordance with the rules of procedure, whether to grant legal aid in whole or in part, or to refuse.
3. on a proposal from the Court, the Administrative Committee lays level and support for legal aid rules.
ARTICLE 72 Prescription without prejudice to article 24, paragraphs 2 and 3, in all forms of financial compensation actions are prescribed by five years from the date on which the applicant was aware or reasonably held to have knowledge of the last fact justifying the action.
Chapter V - remedies ARTICLE 73 1 call. An appeal against a decision of the Court of first instance can be formed before the Court of appeal by any party having partially or completely unsuccessful in its concluding observations, within a period of two months from the date of notification of the decision.
2. an appeal from an order of the Court of first instance may be brought before the Court of appeal by any party having partially or completely unsuccessful in its conclusions: has) for prescriptions referred to in article 49, paragraph 5, as well as articles 59 to 62 and 67, within fifteen calendar days following the notification of the order to the applicant;
(b) for orders other than those referred to in point a): i) at the same time as the appeal against the decision, or ii) if the Court grants the leave to appeal within 15 days following notification of the decision of the Court to this effect.
3. an appeal against a decision or an order of the Court of first instance may wear on points of law and questions of fact.
4 new elements of fact and evidence may be introduced in accordance with the rules of procedure and when it cannot reasonably expect from the party concerned that it has products during the procedure before the Court of first instance.
ARTICLE 74 effects of appeal 1. An appeal has no suspensive effect unless otherwise decided by the Court of Appeal ruling on reasoned request from one of the parties. The rules of procedure ensures that such a decision is made without delay.
2. Notwithstanding paragraph 1, an appeal against a decision on actions for invalidity or counterclaims for invalidity, and actions based on article 32, paragraph 1, point i), always has a suspensive effect.
3. an appeal against an order referred to in article 49, paragraph 5, as well as to sections 59 to 62 or 67, does not prevent the continuation of the main proceedings. However, the Court of first instance does not decision in the procedure in the main proceedings until the decision of the Court of appeal in the order under appeal was rendered.
ARTICLE 75 Decision on appeal and reference 1.
If an appeal in accordance with article 73 is well founded, the Court of Appeal annulled the decision of the Court of first instance and makes a final decision. The Court of appeal may, in exceptional cases and in accordance with the rules of procedure, refer the matter to the Court of first instance for a decision.
2. when a case is referred back to the Court of first instance under subsection 1, it is bound by the decision of the Court of appeal on points of law.
Chapter VI - DECISIONS ARTICLE 76 basis of decisions and the right to be heard 1. The Court shall act in accordance with the requests made by the parties and does no more than what is asked.
2. decisions on the merits cannot be based only on grounds, facts and evidence presented by the parties or introduced into the proceedings by order of the Court and on which the parties have had an opportunity to present their comments.
3. the Court appreciates the evidence freely and independently.
ARTICLE 77 formal requirements 1. The decisions and orders of the Court are motivated and made in writing in accordance with the rules of procedure.
2. the decisions and orders of the Court are made in the language of proceedings.
ARTICLE 78 Decisions of the Court and dissenting opinion 1. The decisions and orders of the Court shall be taken by a majority of the members of the Chamber, in accordance with the statutes. In the event of equality of votes, the president is dominating.
2. in exceptional circumstances, any judge of the Chamber may express a dissenting opinion separately from the decision of the Court.
ARTICLE 79 Transaction at any time during the course of the proceeding, the parties may put an end to the dispute by the conclusion of a transaction, which is confirmed by a decision of the Court. A patent cannot be annulled or limited by way of a transaction.
ARTICLE 80 Publication of decisions the Court may order, at the request of the applicant and at the expense of the infringer, measures appropriate for the dissemination of information concerning the decision of the Court, including displaying the decision and its publication in whole or in part in the public media.
SECTION 81 review 1.
The Court of appeal can do right, exceptionally, to a request for reconsideration after a final decision of the Court in the following circumstances: has) due to the discovery by the party requesting the review, a fact which may have a decisive influence and which, at the time the decision was rendered, was unknown to the party requesting the review; It may be granted such a request on the basis of an act characterized as criminal offence by a final decision of a national court; or (b) in the case of procedural fundamental, particularly when a defendant who has not appeared before the Court was served the document instituting proceedings or an equivalent document in a timely manner and so that it can defend itself.
2. an application for review is formed in the ten years following the date of the decision and no later than two months after the date of the discovery of the new fact or the procedural defect. Such a request has no suspensive effect, unless otherwise decided by the Court of appeal.
3. If the request for review is based, the Court of Appeal set aside, in whole or in part, the decision under review and reopen the procedure to a new instance and a new decision in accordance with the rules of procedure.
4. persons using patents which are the subject of a decision subject to a review and who act in good faith should be allowed to continue to use those patents.
ARTICLE 82 enforcement of decisions and orders 1. The decisions and orders of the Court are enforceable in any Contracting State. A binding formula is affixed to the decision of the Court.
2. where necessary, the enforcement of a decision may be subject to the payment of a deposit or an equivalent guarantee to ensure compensation for any damage suffered, particularly in the case of injunctions.
3. without prejudice to the present agreement and the Statute, enforcement procedures are governed by the law of the Contracting State in which the performance takes place. Any decision of the Court is carried out under the same conditions as a judgment given in the Contracting State in which the performance takes place.
4. If a party does not comply with pursuant to an order of the Court, this part can be sanctioned by a penalty payment to be paid to the Court. The individual penalty is proportionate to the importance of the order to execute and is without prejudice to the right of the party to claim damages or a deposit.
PART IV - Section 83 transitional provisions transitional arrangements 1.
For a transitional period of seven years from the date of entry into force of this agreement, an action for infringement or declaration of invalidity of a European patent, or infringement or an application for declaration of invalidity of a supplementary protection certificate issued for a product protected by a European patent can still be brought before the national courts or other competent authorities.
2. expiry of the transitional period has no impact on a pending action before a national court at the end of this period.

3. unless an action has already been initiated before the Court, a holder or an applicant for a European patent issued or applied for before the end of the transition in accordance with paragraph 1 and, where appropriate, in paragraph 5, as well as a holder of a supplementary certificate of protection issued for a product protected by a European patent, has the possibility to decide to derogate from the exclusive competence of the Court.
To this end, it notifies its decision at the registry no later than one month before the expiry of the transitional period.
The derogation takes effect at the time of its inclusion in the register.
4. unless an action has already been initiated before a national court, a holder or an applicant for a European patent or a holder of a supplementary protection certificate issued for a product protected by a patent which made use of the derogation provided for in paragraph 3 (a) the right to withdraw this derogation at any time. In this case, it shall notify the registry. The withdrawal of the exemption takes effect upon registration in the register.
5. five years after the entry into force of this agreement, the Administrative Committee conducts a broad consultation with users of the patent system as well as a study on the number of European patents and supplementary protection certificates issued for products protected by a European patent for which the infringement actions or nullity or invalidity remain engaged before the national courts under subsection 1 , as well as the reasons and the consequences of this situation. On the basis of this consultation and an opinion of the Court, the Administrative Committee may decide to extend the transitional period up to seven years.
Part V - Final provisions ARTICLE 84 Signature, ratification and accession 1. This agreement is open for signature by any Member State on February 19, 2013.
2. this agreement is subject to ratification in accordance with the respective constitutional rules of the Member States. Instruments of ratification shall be deposited with the general secretariat of the Council of the European Union (hereinafter referred to as "the depositary").
3. each Member State having signed the agreement notifies its ratification to the European Commission at the time of the deposit of the instrument of ratification in accordance with article 18, paragraph 3, of the Regulation (EU) No. 1257/2012.
4. the present agreement is open to accession by any Member State. The instruments of accession shall be deposited with the depositary.
ARTICLE 85 depositary 1. The depositary establishes certified copies of this agreement and transmit them to the Governments of all Member States signatory or acceding.
2. the depositary shall notify the Governments of the Member States signatory or acceding: has) any signature;
(b) the deposit of any instrument of ratification or accession;
(c) the date of entry into force of this agreement.
3. the custodian records this agreement with the Secretariat of the United Nations.
ARTICLE 86 duration of the agreement this agreement has an indefinite period.
ARTICLE 87 Revision of the agreement 1. Seven years after the entry into force of this agreement or after the jurisdiction will be decided 2000 infringement litigation, the latest date being retained, and if necessary at regular intervals thereafter, the Administrative Committee leads to the users of the patent system a wide consultation on the functioning, effectiveness and cost-effectiveness of the Court , as well as the confidence of the users of the system in the quality of the decisions rendered by the Court. On the basis of this consultation and an opinion of the Court, the Administrative Committee may decide to revise the agreement to improve the functioning of the Court.
2. the Administrative Committee may modify this agreement in accordance with an international treaty relating to patents or the law of the Union.
3. a decision taken by the Committee on administrative under paragraphs 1 and 2 does not take effect if a Contracting Member State declares, within a period of twelve months from the date of the decision, on the basis of its relevant internal decision-making procedures, that he does not wish to be bound by the decision. In this case, a revision conference bringing together the Contracting States shall be convened.
ARTICLE 88 languages of the agreement 1.
This agreement is drawn up in a single copy, in the English, French, and German languages, each of these texts being equally authentic.
2. the texts of the agreement established in the official languages of the Contracting States other than those referred to in paragraph 1 shall, if they have been approved by the Administrative Committee, considered as official texts. In case of divergences between the various texts, the texts referred to in paragraph 1 shall prevail.
ARTICLE 89 entry into force 1. This agreement shall enter into force on January 1, 2014 or the first day of the fourth month following that of the deposit of the thirteenth instrument of ratification or accession in accordance with article 84, including the three States in which the largest number of European patents produced their effects during the year preceding that during which the signature of this agreement takes place , or the first day of the fourth month after the date of entry into force of the amendments to Regulation (EU) No. 1215/2012 on the link between the latter and this agreement, whichever is the later date.
2. any ratification or accession after the entry into force of this Agreement shall take effect on the first day of the fourth month following the day of deposit of the instrument of ratification or accession.
In faith whereof the undersigned, being duly authorized thereto, have signed this agreement.
Done at Brussels on 19 February 2013 in German, English and french, the three texts being equally authentic, in a single copy deposited in the archives of the general secretariat of the Council of the European Union.
Annex I statutes of the jurisdiction unified of the patent ARTICLE 1 scope of the statutes these statutes contain institutional and financial provisions relating to the unified patent jurisdiction established in accordance with article 1 of the agreement.
Chapter I - judges ARTICLE 2 Conditions required to perform the duties of judge 1.
Any person who is a national of a Member State Contracting and who fulfils the conditions laid down in article 15 of the agreement and in these articles may be appointed a judge.
2. the judges have a good command of at least one official language of the European Patent Office.
3. experience in the field of litigation of patents, which shall be assessed for the purposes of the appointment referred to in article 15, paragraph 1, of the agreement may be acquired through training in accordance with article 11, paragraph 4, point (a)), of these statutes.
ARTICLE 3 appointment of judges 1.
Judges are appointed in accordance with the procedure laid down in article 16 of the agreement.
2. the job offers are subject to a publication and indicate the requirements referred to in article 2. The Advisory Committee delivers an opinion on the qualification of candidates to perform the duties of judge of the Court. The notice includes a list of the most qualified candidates. The list contains at least twice as many candidates as there are vacancies. If necessary, the Advisory Committee may recommend that, until a decision on the appointment is taken, a candidate for the office of judge follow training in the field of litigation of patents in accordance with article 11, paragraph 4, point (a)).
3. for the appointment of judges, the Administrative Committee shall ensure to get the best legal and technical skills and ensure a balanced composition of the Court on a geographical basis as broad as possible among the nationals of the Contracting States.
4. the Administrative Committee shall appoint as many judges it is necessary for the proper functioning of the Court.
As a first step, he appointed the number of judges necessary to constitute at least one room in each of the divisions of the Court of first instance and at least two chambers in the Court of appeal.
5. the decision of the Administrative Committee appointing qualified legal judges who sit permanently or not and technically qualified judges who sit permanently refers to the instance of the Court or the division of the Court of first instance to which each judge is appointed, as well as the technical fields for which a judge qualified technically is named.
6. the qualified technical judges who are not permanent members are appointed judges of the Court and incorporated into the pool of judges on the basis of their qualifications and experience special. The appointment of judges to the Court is done so that all technical areas are covered.
ARTICLE 4 term of judges 1. Judges are appointed for a term of six years, beginning on the date laid down in the instrument of appointment. They may be reappointed.
2. in the absence of provisions regarding the date, the mandate begins on the date on which the instrument of appointment was established.
ARTICLE 5 appointment of the members of the Advisory Committee 1. Each Contracting State provides for appointment of a member of the Advisory Committee, a candidate who meets the conditions set out in article 14, paragraph 2, of the agreement.
2. the members

of the Advisory Committee shall be appointed by the Administrative Committee by common accord.
ARTICLE 6 oath before assuming office, judges lend, in public session, oath to perform their duties impartially and conscientiously and preserve the secrecy of the deliberations of the Court.
ARTICLE 7 impartiality 1. Immediately after lending oath, judges sign a declaration in which they undertake solemnly, for the duration of their duties and after the termination thereof, comply with the obligations arising from their office, including duties of honesty and discretion as regards the acceptance, after this cessation, of certain appointments or benefits.
2. judges shall not hear a case in which: has) they have been involved as counsel;
(b) they were parties or acted on behalf of one of the parties;
(c) they were called to pronounce as a member of a tribunal, a court, a Board of appeal, a Commission of arbitration or mediation, of a commission of inquiry or any other title;
(d) they have a personal or financial interest or in connection with any of the parties; or e) they are related to one of the parties or the representatives thereof, by family ties.
3. If, for some special reason, a judge considers should not participate in the judgment or examination of a particular case, he shall inform the president of the Court of appeal or, if he is a judge appointed to the Court of first instance, to the president of the Court of first instance. If, for some special reason, the president of the Court of appeal or, if he is a judge appointed to the Court of first instance, the president of the Court of first instance considers that a judge should not sit or conclusion in a particular case, the president of the Court of appeal or the president of the Court of first instance justified this assessment in writing and notify the judge concerned.
4. any party to an action may oppose what a judge is involved in the procedure for reasons listed in paragraph 2, or if the judge is, rightly, suspected of bias.
5. in the event of difficulty on the application of this article, the presidium shall decide, in accordance with the rules of procedure. The judge concerned is heard, but he did not participate in the deliberations.
ARTICLE 8 immunity of judges 1. Judges enjoy immunity from jurisdiction. After the termination of their functions, they continue to enjoy immunity in relation to acts performed by them in their official capacity relation.
2. the presidium may waive the immunity.
3. case, immunity having been lifted, a criminal action is taken against a judge, it is justiciable, in each of the Contracting States to the competent court for judging the judges belonging to the highest national court.
4. the Protocol on the privileges and immunities of the European Union is applicable to the judges of the Court, without prejudice to the provisions relating to immunity from legal proceedings of judges contained in these articles.
ARTICLE 9 termination of duties 1. Apart from renewals after expiry of a term in application of article 4 and the death, judge terminate individually by resignation.
2. in the case of a resignation of a judge, the letter of resignation addressed to the president of the Court of appeal or, if he is a judge appointed to the Court of first instance, to the president of the Court of first instance to be transmitted to the Chairman of the Administrative Committee.
3. except in the case where article 10 applies, a judge continues to sit until the inauguration of his successor.
4. it is equipped with any vacancy by the appointment of a new judge for the duration of the term.
ARTICLE 10 removal 1. A judge cannot be relieved of his duties or revoked other benefits than if the presidium decides that it has ceased to meet the requirements or to comply with the obligations arising from his office. The judge concerned is heard, but he did not participate in the deliberations.
2. the clerk of the Court concerns the decision to the attention of the Chairman of the Administrative Committee.
3. in the event of a decision a judge of his duties, said notification carries vacancy.
ARTICLE 11 training 1. Appropriate and regular judicial training is provided as part of training provided for in article 19 of the agreement. The presidium adopted rules training which ensure the implementation and the overall coherence of the training environment.
2. the training provides the establishment of a platform for the exchange of specialized knowledge and a forum for discussion, including: has) by organizing courses, conferences, seminars, workshops and symposia;
(b) in cooperation with international organizations and educational institutions in the field of intellectual property; and (c) promoting and supporting continuing vocational training.
3. it is established an annual work programme and training guidelines, which provide for each judge, an annual training plan in which are identified its main training needs, in accordance with the rules on training.
4. in addition, the framework training: has) provides appropriate training for candidates for the posts of judge and the newly appointed judges to the Court.
(b) supports projects designed to facilitate cooperation between representatives, patent attorneys and the Court.
ARTICLE 12 pay the Administrative Committee fixed the amount of the remuneration of the president of the Court of appeal of the president of the Court of first instance, judges, clerk, Assistant Clerk, and members of staff.
Chapter II - provisions relating to the ORGANISATION SECTION 1 — common provisions ARTICLE 13 President of the Court of appeal 1. The president of the Court of appeal is elected by all judges of the Court of appeal, among its members, for a term of three years. The president of the Court of appeal may be re-elected twice.
2. the election of the president of the Court of appeal took place by secret ballot.
If a judge obtains an absolute majority, he was elected. If no judge obtains an absolute majority, a second vote is held and the judge who gets the largest number of votes is elected.
3. the president of the Court of appeal directs the judicial activities and the administration of the Court of appeal and presided over the Court of Appeal sitting in plenary.
4. If the position of president of the Court of appeal becomes vacant before the end of the term, a successor is elected for the duration of the term.
ARTICLE 14 President of the Court of first instance 1. The president of the Court of first instance is elected by all the permanent judges of the Court of first instance, among its members, for a term of three years. The president of the Court of first instance may be re-elected twice.
2. the first president of the Court of first instance is a national of the Contracting State on whose territory the headquarters of the central division.
3. the president of the Court of first instance directs the judicial activities and the administration of the Court of first instance.
4. article 13, paragraphs 2 and 4 shall apply by analogy to the president of the Court of first instance.
ARTICLE 15 Presidium 1. The presidium is composed of the president of the Court of appeal, who acts as Chairman, the President of the Court of first instance, two judges of the Court of appeal elected among its members, three judges standing of the Court of first instance elected among its members and the Registrar, who is a nonvoting member.
2. the presidium shall perform duties conferred in accordance with the present statutes. He may, without prejudice to its own responsibility, delegate certain tasks to one of its members.
3. the presidium is responsible for the management of the Court and, in particular: a) develops proposals for amendment of the rules of procedure in accordance with article 41 of the agreement and the proposals concerning the financial regulations of the Court;
(b) prepares the annual budget, the annual accounts and the annual report of the Court and shall submit to the Budget Committee;
(c) establishes the guidelines for the program of training of judges and supervises their implementation;
(d) take decisions concerning the appointment and removal of the Registrar and the Deputy Registrar.
(e) defines the rules for the registry as well as the sous-greffes;
(f) shall formulate an opinion in accordance with article 83, paragraph 5, of the agreement.
4. the presidium shall take the decisions referred to in articles 7, 8, 10 and 22 without the participation of the Registrar.
5. the presidium may take valid decisions if all its members are present or duly represented. Decisions are taken by a majority of the votes.
ARTICLE 16 staff 1. The officials and other servants of the Court are responsible for assisting the president of the Court of appeal, the president of the Court of first instance, the judges and the Registrar. They are the Registrar, under the authority of the president of the Court of appeal and the president of the Court of first instance.
2. the Administrative Committee establishes the status of officials and other servants of the Court.
ARTICLE 17 1 judicial vacations. After consulting the presidium, the president of the Court of appeal fixed the duration of the judicial vacations and rules concerning respect for legal holidays.
2. during the period of judicial vacations, the Presidency of the Court of appeal and President of the tribunal of

trial may be exercised by a judge that the president concerned invited to assume this role.
The president of the Court of appeal may, in an emergency, convene the judges.
3. the president of the Court of appeal and the president of the Court of first instance may, for justifiable reasons, grant leaves respectively to the judges of the Court of appeal and the judges of the Court of first instance.
SECTION 2 - The Court of first INSTANCE ARTICLE 18 creating and deleting a local division or a regional division 1. A request from one or several Member States Contracting for the establishment of a local or regional division is addressed to the president of the Administrative Committee. She noted the head of the local or regional division concerned.
2. the decision of the Administrative Committee on the establishment of a local or regional division mentions the number of judges of the relevant division and is public.
3. the Administrative Committee decided, at the request of the State Contracting member on whose territory is situated the local division or at the request of the Contracting States participating in the regional division to remove a local or regional division.
The decision on the abolition of a local or regional division mentions the date after which the new business will no longer be brought before the concerned division and division ceases to exist.
4. as from the date on which a local or regional division ceases to exist, the judges assigned to the local or regional division concerned are assigned to central division, and pending cases before the local or regional division concerned are transferred, with the sous-greffe and all of its documentation, to the central division.
ARTICLE 19 rooms 1.
The assignment of judges and the allocation of cases within a division to its rooms are governed by the rules of procedure. A judge of the Chamber is appointed president, in accordance with the rules of procedure.
2. the Board may delegate, in accordance with the rules of procedure, certain functions to one or more of the judges composing.
3. a permanent judge to hear urgent cases for each division may be appointed in accordance with the rules of procedure.
4. in cases where the dispute is brought before a single judge in accordance with article 8, paragraph 7 of the agreement, or a judge on duty, in accordance with paragraph 3 of this article, carry out all the functions of a room.
5. a judge of the Chamber acts as a rapporteur, in accordance with the rules of procedure.
ARTICLE 20 Pool of judges 1. A list with the names of the judges into the pool of judges is established by the Registrar. For each judge, the list shows at least the language skills, technical and experience y related, as well as the cases already dealt with by the judge.
2. a request addressed to the president of the Court of first instance to assign a pool of judges from judge States, inter alia, the subject of the case, the official language of the European Patent Office used by the judges of the Chamber, the language of proceedings and the required technical field.
SECTION 3 - the Court of appeal section 21 rooms 1.
The composition of the Chambers and the assignment of cases to the boards are governed by the rules of procedure. A judge of the Chamber is appointed president, in accordance with the rules of procedure.
2. when a case is of exceptional importance, and in particular when the decision is likely to affect the unity and consistency of the jurisprudence of the Court, the Court of appeal may decide, on the basis of a proposal by its Chair, to refer the case to the plenary Assembly.
3. the Board may delegate, in accordance with the rules of procedure, certain functions to one or more of the judges composing.
4. a judge of the Chamber acts as a rapporteur, in accordance with the rules of procedure.
SECTION 4 - The registry section 22 appointment and revocation of the Registrar 1. The presidium appoints the clerk of the Court for a term of six years. He may be reappointed.
2. the president of the Court of appeal informed the Praesidium, two weeks before the date fixed for the appointment of the Registrar, applications that have been presented.
3. prior to taking up their duties, the Registrar takes oath before the presidium to perform his duties impartially and conscientiously.
4. the Registrar may be relieved of his duties unless he ceased to comply with the obligations arising from his office. The presidium shall take its decision after having heard the clerk.
5. If Registrar becomes vacant before the expiry of its mandate, the presidium shall appoint a new Registrar for a term of six years.
6. in the event of the absence or incapacity of the Registrar or vacancy of his post, the president of the Court of appeal, after consulting the presidium, refers among the members of the staff of the Court to the person responsible for performing the duties of Registrar.
ARTICLE 23 duties of the Registrar 1.
The clerk assists the Court, the president of the Court of appeal, the president of the Court of first instance and judges in the exercise of their functions. It is responsible for the organisation and the activities of the registry, under the authority of the president of the Court of appeal.
2. the Registrar is notably responsible for: has) keep the register listing all cases brought before the Court;
(b) maintain and administer the lists drawn up in accordance with article 18, in article 48, paragraph 3, and article 57, paragraph 2, of the agreement;
(c) maintain and publish a list of notifications and withdrawals of decisions of derogation in accordance with article 83 of the agreement;
(d) publish the decisions of the Court, subject to the protection of confidential information;
(e) publish annual reports with statistical data; and (f) ensure that information about the decisions of derogation adopted in accordance with article 83 of the agreement are notified to the European Patent Office.
ARTICLE 24 of the registry 1.
Detailed rules for keeping the register of the Court are provided for in the rules governing the registry adopted by the presidium.
2. the rules on access to documents of the registry are provided for in the rules of procedure.
ARTICLE 25 Sous-greffes and Deputy Registrar 1. A Deputy Clerk is appointed for a term of six years by the presidium. He may be reappointed.
2. the provisions of article 22, paragraphs 2 to 6 shall apply by analogy.
3. the Deputy Registrar is responsible for the Organization and activities of the sous-greffes under the authority of the Registrar and the president of the Court of first instance.
The Deputy Registrar functions include, in particular: a) the keeping of records of all cases brought before the Court of first instance;
b) notification to the registry of each case brought before the Court of first instance.
4. the Deputy-Registrar also provides the divisions of the Court of first instance administrative support and assistance in the secretariat.
Chapter III - financial provisions ARTICLE 26 Budget 1.
The budget is adopted by the Budget Committee on the presidium's proposal. It is prepared in accordance with accounting principles generally accepted, as defined in the financial regulation, adopted in accordance with article 33.
2 within the budget, the presidium may, in accordance with the financial regulation, transfer of credits between different topics or subtopics.
3. the Registrar is responsible for the implementation of the budget in accordance with the financial regulation.
4. the Registrar establishes each year a State concerning the implementation of the budget for the year has elapsed, which is approved by the presidium.
ARTICLE 27 authorizing expenditures 1. Expenditures in the budget are permitted for the duration of the fiscal year, unless the financial regulation provides otherwise.
2. pursuant to the financial regulation, appropriations which are not used at the end of the fiscal year, with the exception of those relating to staff costs, may be the subject of a report which will be limited to the following financial year only.
3. the appropriations under different headings according to the type and destination of expenditure and are subdivided, to the extent necessary, in accordance with the financial regulation.
ARTICLE 28 appropriations for unforeseeable expenditure 1.
Appropriations for unforeseeable expenditure may be included in the budget of the Court.
2. the use of these appropriations by the Court shall be subject to the prior authorisation of the Budget Committee.
ARTICLE 29 fiscal year the fiscal year begins on 1 January and ends on 31 December.
ARTICLE 30 budget Preparation the presidium shall submit the draft budget of the Court to the Budget Committee not later than on the date set by the financial regulation.
ARTICLE 31 provisional Budget 1.
If, at the beginning of a fiscal year, the budget has not yet been finalized by the Budget Committee, spending can be performed monthly by topic or other subdivision of the budget in accordance with the financial regulation, within the limits of one-twelfth of the appropriations in the budget of the previous year, although this can have the effect of putting at the disposal of the presidium of the credits greater than one-twelfth of those provided for in the draft budget.
2. the Budget Committee may, provided that the other conditions laid down in paragraph 1 are respected, authorize the

expenditures exceeding one-twelfth of the appropriations in the budget of the previous year.
ARTICLE 32 Verification of accounts 1. The annual financial statements of the Court are reviewed by independent auditors. The Auditors are appointed and, if necessary, relieved of their duties by the Budget Committee.
2. the audit, which takes place on the basis of professional standards for Auditors, and needed on-site, establishes the legality and regularity of the implementation of the budget and ensures that the Court has been administered financially in accordance with the principles of economy and sound financial management. The Auditors established after the end of each year a report that contains a certification of accounts signed.
3. the presidium shall submit to the Budget Committee the annual financial statements of the Court and the annual State relating to the implementation of the budget for the previous year, accompanied by the report of the Auditors.
4. the Budget Committee approves the annual accounts and the report of the Auditors and gives discharge to the presidium for the implementation of the budget.
SECTION 33 financial regulation 1. The financial regulation was adopted by the Administrative Committee. It is amended by the Administrative Committee on a proposal from the Court.
2. the financial regulation lays down particular: has) the arrangements relating to the establishment and execution of the budget, as well as accountability and the auditing of the accounts;
b) modalities and procedure whereby the payments and contributions, including the initial financial contributions provided for in article 37 of the agreement are put at the disposal of the Court;
c) relating to the responsibilities of the authorising officers and accounting rules and procedures for the control which they are subject; and (d) generally accepted accounting principles on which is based the budget and the annual financial statements.
Chapter IV – provisions procedural ARTICLE 34 secrecy of the deliberations of the court deliberations are and remain secret.
ARTICLE 35 Decisions 1. When a House sits in a panel consisting of an even number of judges, the Court shall by a majority of the members of the Chamber. In the event of equality of votes, the president is dominating.
2. in the case of impediment of one of the judges composing a Chamber, it may be appealed to a judge as part of another room in accordance with the rules of procedure.
3. in cases where these statutes provide that the appellate court decide in plenary, the decision is valid only if it is adopted by at least three quarters of the judges at the plenary.
4. the decisions of the Court include judges who have ruled.
5. the decisions are signed by judges who have ruled, as well as by the clerk for the decisions of the Court of appeal and by the Deputy Registrar for the decisions of the Court of first instance. They are read in public session.
ARTICLE 36 dissenting opinion a dissenting opinion expressed separately by a judge of a Chamber in accordance with article 78 of the agreement is motivated, formulated in writing and signed by the judge expressing this opinion.
ARTICLE 37 Decision rendered by default 1. At the request of a party to an action, a decision may be rendered by default in accordance with the rules of procedure when the other party, after being served the document instituting proceedings or an equivalent document, fails to file written submissions or fails to appear at the hearing. The decision is likely to opposition within a period of one month from its meaning to the party against whom it was made.
2. unless otherwise determined by the Court, the opposition does not suspend the execution of the decision rendered by default.
SECTION 38 issues brought before the Court of justice of the European Union 1.
The procedures established by the Court of justice of the European Union ruling the European Union apply.
2. where the Court of first instance or the Court of Appeal decided by the Court of justice of the European Union to a question on the interpretation of the Treaty on European Union and the Treaty on the functioning of the European Union, or of a question concerning the validity or interpretation of acts adopted by the institutions of the Union European, he or it shall suspend the procedure.

Annex II allocation of cases within the central division (15) Afdeling in LONDEN Zetel in PARIJS Afdeling in MÜNCHEN Section of London Siege of PARIS Section of MUNICH Office of Chairman Office of the president A) Menselijke levensbehoeften B) Uitvoeren van operaties, transport F) Werktuigbouwkunde, verlichting, verwarming, wapens, springstoffen A) necessities of life B) industrial technology, transport F) mechanical ((((((((((, lighting, heating, weapons, blasting C) Chemie, metaal D) Textiel, paper C) chemistry, metallurgy D) Textiles, paper E) wide constructies E) Constructions fixed G) Natuurkunde G) Physics H) Elektriciteit H) electricity _ Notes (1) Regulation (EU) No. 1257/2012 of the European Parliament and of the Council of December 17, 2012 implementing enhanced cooperation in the field of the creation of a unitary protection conferred by a patent (OJEU L 361, the 31.12.2012 (, p. 1), including any subsequent amendments.
(2) Regulation (EU) No. 1215/2012 European Parliament and of the Council of 12 December 2012 concerning jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJEU L 351, 20.12.2012, p. 1), including any subsequent modification.
(3) Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificates for medicines (OJEU L 152, 16.6.2009, p. 1), including any subsequent amendments.
(4) Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (OJEU L 198, 8.8.1996, p. 30), including any subsequent amendments.
(5) Regulation (EC) no 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJEU L 177, 4.7.2008, p. 6), including any subsequent amendments.
(6) Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to contractual obligations (Rome II) (OJEU L 199, 31.7.2007, p. 40), including any subsequent amendments.
(7) Regulation (EU) No. 1260/2012 of the Council of 17 December 2012 implementing enhanced cooperation in the field of the creation of a unitary protection conferred by a patent, in relation to the terms and conditions for translation (the 31.12.2012 plays L 361, p. 89), including any subsequent amendments.
(8) directive 2001/82 / EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (OJ L 311, 28.11.2001, p. 1), including any subsequent amendments.
(9) directive 2001/83 / EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67), including any subsequent modification.
(10) Organization of international civil aviation (ICAO), the "Chicago Convention", document 7300/9 (9th edition, 2006).
(11) Regulation (EC) No 2100/94 of the Council of 27 July 1994 on Community plant varieties (OJ L 227, 1.9.1994, p. 1), including any subsequent amendments.
(12) directive 2009/24 / EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (plays L 111, 5.5.2009, p. 16), including any subsequent amendments.
(13) directive 98/44 / EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions (OJ L 213, 30.7.1998, p. 13), including any subsequent modification.
(14) convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed on 30 October 2007, including any subsequent modification.
(15) the classification into eight sections (A to H) is based on the international classification of patents of the world Organization of intellectual property (http :// www.wipo.int/classifications/ipc/fr/).

AGREEMENT ON A UNIFIED PATENT COURT THE CONTRACTING MEMBER STATES, CONSIDERING that cooperation amongst the Member States of the European Union in the field of patents contributes significantly to the integration process in Europe, in particular to the establishment of an internal market within the European Union characterised by the free movement of goods and services and the establishment of a system ensuring that competition in the internal market is not distorted;
CONSIDERING that the fragmented market for patents and the significant variations between national court systems are detrimental for innovation, in particular for small and medium sized enterprises which have difficulties to enforce their patents and to defend themselves against unfounded claims and claims relating to patents which should be Annulation.
CONSIDERING that the European Patent Convention ("EPC") which has been ratified by all Member States of the European Union provides for a single procedure for granting European patents by the European Patent Office;
CONSIDERING that by virtue of Regulation (EU) No. 1257/2012 (1),

patent proprietors can request unitary effect of their European patents so as to obtain unitary patent protection in the Member States of the European Union participating in the enhanced cooperation;
WISHING to improve the enforcement of patents and the defence against unfounded claims and patents which should be Annulation and to enhance legal certainty by setting up a Unified Patent Court for litigation relating to the infringement and validity of patents;
CONSIDERING that the Unified Patent Court should be devised to ensure expeditious and high quality decisions, striking a fair balance between the interests of right holders and other parties and taking into account the need for proportionality and flexibility;
CONSIDERING that the Unified Patent Court should be a short common to the Contracting Member States and thus part of their judicial system, with exclusive jurisdiction in respect of European patents with unitary effect and European patents granted under the provisions of the EPC;
CONSIDERING that the Court of Justice of the European Union is to ensure the uniformity of the Union legal order and the primacy of European Union law;
RECALLING the obligations of the Contracting Member States under the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), including the obligation of sincere cooperation as set out in Article 4 (3) UST and the obligation to ensure through the Unified Patent Court the full application of, and respect for Union law in their respective territories and the judicial protection of an individual's rights under that law;
CONSIDERING that, as any national court, the Unified Patent Court must respect and apply Union law and, in collaboration with the Court of Justice of the European Union as guardian of Union law, ensure its proper application and uniform interpretation; the Unified Patent Court must in particular cooperate with the Court of Justice of the European Union in properly interpreting Union law by relying on the latter's case law and by requesting preliminary rulings in accordance with Article 267 TFEU;
CONSIDERING that the Contracting Member States should, in line with the case law of the Court of Justice of the European Union on non-contractual liability, be liable for damages caused by infringements of Union law by the Unified Patent Court, including the failure to request preliminary rulings from the Court of Justice of the European Union;
CONSIDERING that infringements of Union law by the Unified Patent Court, including the failure to request preliminary rulings from the Court of Justice of the European Union, are directly attributable to the Contracting Member States and infringement proceedings can therefore be brought under Article 258, 259 and 260 TFEU against any Contracting Member State to ensure the respect of the primacy and proper application of Union law;
RECALLING the primacy of Union law, which includes the UST, the TFEU, the Charter of Fundamental Rights of the European Union, the general principles of Union law as developed by the Court of Justice of the European Union, and in particular the right to an effective remedy before a tribunal and a fair and public hearing within a reasonable time by an independent and impartial tribunal the case law of the Court of Justice of the European Union and secondary Union law;
CONSIDERING that this Agreement should be open to accession by any Member State of the European Union; Member States which have decided not to participate in the enhanced cooperation in the area of the establishment of unitary patent protection may participate in this Agreement in respect of European patents granted for their respective territory;
CONSIDERING that this Agreement should enter into force on 1 January 2014 gold on the first day of the fourth month after the 13th deposit, provided that the Contracting Member States that will have deposited their instruments of ratification or accession include the three States in which the highest number of European patents was in force in the year preceding the year in which the signature of the Agreement takes place or on the first day of the fourth month after the date of entry into force of the amendments to Regulation (EU) No. 1215/2012 (2) concerning its relationship with this Agreement, whichever is the latest, HAVE AGREED AS FOLLOWS: PART I - GENERAL AND INSTITUTIONAL PROVISIONS CHAPTER I - GENERAL PROVISIONS ARTICLE 1 Unified Patent Court A Unified Patent Court for the settlement of disputes relating to European patents and European patents with unitary effect is hereby established.
The Unified Patent Court shall be a court common to the Contracting Member States and thus subject to the same obligations under Union law as any national court of the Contracting Member States.
ARTICLE 2 Definitions For the purposes of this Agreement: (a) "Court" means the Unified Patent Court created by this Agreement.
(b) "Member State" means a Member State of the European Union.
(c) ' Contracting Member State' means a Member State party to this Agreement.
(d) "EPC" means the Convention on the Grant of European Patents of 5 October 1973, including any subsequent amendments.
(e) "European patent" means a patent granted under the provisions of the EPC, which does not benefit from unitary effect by virtue of Regulation (EU) No. 1257/2012.
(f) "European patent with unitary effect" means a patent granted under the provisions of the EPC which benefits from unitary effect by virtue of Regulation (EU) No. 1257/2012.
(g) "Patent" means a European patent and/or a European patent with unitary effect.
(h) "Supplementary protection certificate" means a supplementary protection certificate granted under Regulation (EC) No 469/2009 (3) or under Regulation (EC) No. 1610/96 (4).
(i) "Statute" means the Statute of the Court as set out in Annex I, which shall be an integral part of this Agreement.
(j) "Rules of Procedure" means the Rules of Procedure of the Court, as established in accordance with Article 41.
ARTICLE 3 Scope of application This Agreement shall apply to any: (a) European patent with unitary effect;
(b) supplementary protection certificate issued for a product protected by a patent;
(c) European patent which has not yet lapsed at the date of entry into force of this Agreement however was granted after that date, without prejudice to Article 83; and (d) European patent application which is pending at the date of entry into force of this Agreement or which is filed after that date, without prejudice to Article 83.
ARTICLE 4 Legal status (1) The Court shall have legal personality in each Contracting Member State and shall enjoy the most extensive legal capacity accorded to legal persons under the national law of that State.
(2) The Court shall be represented by the President of the Court of Appeal who shall be elected in accordance with the Statute.
ARTICLE 5 Liability (1) The contractual liability of the Court shall be governed by the law applicable to the contract in question in accordance with Regulation (EC) No.. 593/2008 (5) (Rome I), where applicable, or failing that in accordance with the law of the Member State of the court seized.
(2) The non-contractual liability of the Court in respect of any damage caused by it or its staff in the performance of their duties, to the extent that it is not a civil and commercial matter within the meaning of Regulation (EC) No.. 864/2007 (6) (Rome II), shall be governed by the law of the Contracting Member State in which the damage occurred. This provision is without prejudice to the application of Article 22.
(3) The court with jurisdiction to settle disputes under paragraph 2 shall be short of the Contracting Member State in which the damage occurred.
CHAPTER II - INSTITUTIONAL PROVISIONS ARTICLE 6 The Court (1) The Court shall included a Court of First Instance, a Court of Appeal and a Registry.
(2) The Court shall perform the functions assigned to it by this Agreement.
ARTICLE 7 The Court of First Instance (1) The Court of First Instance shall included central a division as well as local and regional divisions.
(2) The central division shall have its seat in Paris, with sections in London and Munich. The cases before the central division shall be distributed in accordance with Annex II, which shall form an integral part of this Agreement.
(3) A local division shall be set up in a Contracting Member State upon its request in accordance with the Statute. Contracting Member State hosting a local division shall designate its seat.
(4) An additional local division shall be set up in a Contracting Member State upon its request for every one hundred patent cases per calendar year that have been commenced in that Contracting Member State during three successive years prior to or subsequent to the date of entry into force of this Agreement. The number of local divisions in one Contracting Member State shall not exceed four.
(5) A regional division shall be set up for two or more Contracting Member States, upon their request in accordance with the Statute. Such Contracting Member States shall designate the seat of the division concerned. The regional division may hear cases in multiple locations.
ARTICLE 8 Composition of the panels of the Court of First Instance (1) Any panel of the Court of First Instance shall have a multinational composition.
Without prejudice to paragraph 5 of this Article and to Article 33 (3) (a), it shall sit in a composition of three judges.
(2) Any panel of local a in division a Contracting Member State where, during a period of three successive years prior or subsequent to the entry into force of this Agreement, less than fifty patent cases per calendar year on average have been commenced shall sit in a composition of one legally qualified judge who is a national of the Contracting Member State hosting the local division

concerned and two legally qualified judges who are not nationals of the Contracting Member State concerned and are allocated from the Pool of Judges in accordance with Article 18 (3) on a case by case basis.
(3) Notwithstanding paragraph 2, any panel of local a in division a Contracting Member State where, during a period of three successive years prior or subsequent to the entry into force of this Agreement, fifty more gold patent cases per calendar year on average have been commenced, shall sit in a composition of two legally qualified judges who are nationals of the Contracting Member State hosting the local division concerned and one legally qualified judge who is not a national of the Contracting Member State concerned and is allocated from the Pool of Judges in accordance with Article 18 (3). Such third judge shall serve at the local division on a long term basis, where this is necessary for the efficient functioning of divisions with a high work load.
(4) Any panel of a regional division shall sit in a composition of two legally qualified judges chosen from a regional list of judges, who shall be nationals of the Contracting Member States concerned, and one legally qualified judge who shall not be a national of the Contracting Member States concerned and who shall be allocated from the Pool of Judges in accordance with Article 18 (3).
(5) Upon request by one of the parties, any panel of a local or regional division shall request the President of the Court of First Instance to allocate from the Pool of Judges in accordance with Article 18 (3) an additional technically qualified judge with qualifications and experience in the field of technology concerned. Moreover, any panel of a local or regional division may, after having heard the parties, submit such request on its own initiative, where it deems this appropriate.
In cases where such a technically qualified judge is allocated, no. further technically qualified judge may be allocated under section 33 (3) (a).
(6) Any panel of the central division shall sit in a composition of two legally qualified judges who are nationals of different Contracting Member States and one technically qualified judge allocated from the Pool of Judges in accordance with Article 18 (3) with qualifications and experience in the field of technology concerned. However, any panel of the central division dealing with actions under Article 32 (1) (i) shall sit in a composition of three legally qualified judges who are nationals of different Contracting Member States.
(7) Notwithstanding paragraphs 1 to 6 and in accordance with the Rules of Procedure, parties may agree to have their case heard by a single legally qualified judge.
(8) Any panel of the Court of First Instance shall be chaired by a legally qualified judge.
ARTICLE 9 The Court of Appeal (1) Any panel of the Court of Appeal shall sit in a multinational composition of five judges. It shall sit in a composition of three legally qualified judges who are nationals of different Contracting Member States and two technically qualified judges with qualifications and experience in the field of technology concerned. Those technically qualified judges shall be assigned to the panel by the President of the Court of Appeal from the pool of judges in accordance with Article 18.
(2) Notwithstanding paragraph 1, a panel dealing with measures under Article 32 (1) (i) shall sit in a composition of three legally qualified judges who are nationals of different Contracting Member States.
(3) Any panel of the Court of Appeal shall be chaired by a legally qualified judge.
(4) The panels of the Court of Appeal shall be set up in accordance with the Statute.
(5) The Court of Appeal shall have its seat in Luxembourg.
ARTICLE 10 The Registry (1) A Registry shall be set up at the seat of the Court of Appeal.
It shall be managed by the Registrar and perform the functions assigned to it in accordance with the Statute. Subject to conditions set out in this Agreement and the Rules of Procedure, the register kept by the Registry shall be public.
(2) Sub-registries shall be set up at all divisions of the Court of First Instance.
(3) The Registry shall keep records of all cases before the Court.
Upon filing, the sub-registry concerned shall notify every case to the Registry.
(4) The Court shall fill the Registrar in accordance with Article 22 of the Statute and lay down the rules governing the Registrar's service.
ARTICLE 11 Committees year Administrative Committee, a Budget Committee and an Advisory Committee shall be set up in order to ensure the effective implementation and operation of this Agreement. They shall in particular exercise the duties foreseen by this Agreement and the Statute.
ARTICLE 12 The Administrative Committee (1) The Administrative Committee shall be composed of one representative of each Contracting Member State. The European Commission shall be represented at the meetings of the Administrative Committee as observer.
(2) Each Contracting Member State shall have one vote.
(3) The Administrative Committee shall adopt its decisions by a majority of three quarters of the Contracting Member States represented and voting, except where this Agreement or the Statute provides otherwise.
(4) The Administrative Committee shall adopt its rules of procedure.
(5) The Administrative Committee shall elect a chairperson from among its members for a term of three years. That term shall be renewable.
ARTICLE 13 The Budget Committee (1) The Budget Committee shall be composed of one representative of each Contracting Member State.
(2) Each Contracting Member State shall have one vote.
(3) The Budget Committee shall take its decisions by a simple majority of the representatives of the Contracting Member States. However, a majority of three-quarters of the representatives of the Contracting Member States shall be required for the adoption of the budget.
(4) The Budget Committee shall adopt its rules of procedure.
(5) The Budget Committee shall elect a chairperson from among its members for a term of three years. That term shall be renewable.
ARTICLE 14 The Advisory Committee (1) The Advisory Committee shall: (a) assist the Administrative Committee in the preparation of the appointment of judges of the Court;
(b) make proposals to the Presidium referred to in Article 15 of the Statute on the guidelines for the training framework for judges referred to in Article 19;
and (c) deliver opinions to the Administrative Committee concerning the requirements for qualifications referred to in Article 48 (2).
(2) The Advisory Committee shall included patent judges and practitioners in patent law and patent litigation with the highest recognised competence. They shall be appointed, in accordance with the procedure laid down in the Statute, for a term of six years. That term shall be renewable.
(3) The composition of the Advisory Committee shall ensure a broad range of relevant expertise and the representation of each of the Contracting Member States. The members of the Advisory Committee shall be completely independent in the performance of their duties and shall not be bound by any instructions.
(4) The Advisory Committee shall adopt its rules of procedure.
(5) The Advisory Committee shall elect a chairperson from among its members for a term of three years. That term shall be renewable.
CHAPTER III - JUDGES OF THE COURT ARTICLE 15 Eligibility criteria for the appointment of judges (1) The Court shall included both legally qualified judges and technically qualified judges. Judges shall ensure the highest standards of competence and shall have proven experience in the field of patent litigation.
(2) Legally qualified judges shall possess the qualifications required for appointment to judicial offices in a Contracting Member State.
(3) Technically qualified judges shall have a university degree and proven expertise in a field of technology.
They shall also have proven knowledge of civil law and procedure in patent litigation.
ARTICLE 16 Appointment procedure (1) The Advisory Committee shall establish a list of the most suitable candidates to be appointed as judges of the Court, in accordance with the Statute.
(2) on the basis of that list, the Administrative Committee shall fill the judges of the Court acting by common agreement.
(3) The implementing provisions for the appointment of judges are set out in the Statute.
ARTICLE 17 Judicial independence and impartiality (1) The Court, its judges and the Registrar shall enjoy judicial independence. In the performance of their duties, the judges shall not be bound by any instructions.
(2) Legally qualified judges, as well as technically qualified judges who are full-time judges of the Court, may not engage in any other occupation, whether gainful or not, unless an exception is granted by the Administrative Committee.
(3) Notwithstanding paragraph 2, the exercise of the office of judges shall not exclude the exercise of other judicial functions at national level.
(4) The exercise of the office of technically qualified judges who are part-time judges of the Court shall not exclude the exercise of other functions provided there is no. conflict of interest.
(5) In case of a conflict of interest, the judge concerned shall not take part in proceedings. Rules governing conflicts of interest are set out in the Statute.
ARTICLE 18 Pool of Judges (1) A Pool of Judges shall be established in accordance with the Statute.
(2) The Pool of Judges shall be composed of all legally qualified judges and technically qualified judges from the Court of First Instance who are full-time or part-time judges of the Court.
The Pool of Judges shall include at least one technically qualified judge per field of technology with the relevant qualifications and experience. The technically qualified judges from the Pool of Judges

shall also be available to the Court of Appeal.
(3) Where so provided by this Agreement or the Statute, the judges from the Pool of Judges shall be allocated to the division concerned by the President of the Court of First Instance. The allocation of judges shall be based on their legal or technical expertise, linguistic skills and relevant experience. The allocation of judges shall guarantee the same high quality of work and the same high level of legal and technical expertise in all panels of the Court of First Instance.
ARTICLE 19 Training framework (1) A training framework for judges, the details of which are set out in the Statute, shall be set up in order to improve and increase available patent litigation expertise and to ensure a broad geographic distribution of such specific knowledge and experience. The facilities for that framework shall be situated in Budapest.
(2) The training framework shall in particular focus on: (a) internships in national patent courts or divisions of the Court of First Instance hearing a substantial number of patent litigation cases;
(b) improvement of linguistic skills.
(c) technical aspects of patent law;
(d) the dissemination of knowledge and experience in civil procedure for technically qualified judges.
(e) the preparation of candidate-judges.
(3) The training framework shall provide for continuous training. Regular meetings shall be organised between all judges of the Court in order to discuss developments in patent law and to ensure the consistency of the Court's case law.
CHAPTER IV - THE PRIMACY OF UNION LAW, LIABILITY AND RESPONSIBILITY OF THE CONTRACTING MEMBER STATES ARTICLE 20 Primacy of and respect for Union law The Court shall apply Union law in its entirety and shall respect its primacy.
ARTICLE 21 Requests for preliminary rulings As a court common to the Contracting Member States and as part of their judicial system, the Court shall cooperate with the Court of Justice of the European Union to ensure the proper application and uniform interpretation of Union law, as any national court, in accordance with Article 267 TFEU in particular. Decisions of the Court of Justice of the European Union shall be binding on the Court.
ARTICLE 22 Liability for damage caused by infringements of Union law (1) The Contracting Member States are jointly and severally liable for damage resulting from an infringement of Union law by the Court of Appeal, in accordance with Union law concerning non-contractual liability of Member States for damage caused by their national short breaching Union law.
(2) An action for such damages shall be brought against the Contracting Member State where the claimant has its residence or principal place of business or, in the absence of residence or principal place of business, place of business, before the competent authority of that Contracting Member State. Where the claimant does not have its residence or principal place of business or, in the absence of residence or principal place of business, place of business in a Contracting Member State, the claimant may bring such an action against the Contracting Member State where the Court of Appeal has its seat, before the competent authority of that Contracting Member State.
The competent authority shall apply the lex fori, with the exception of its private international law, to all issues not regulated by Union law or by this Agreement. The claimant shall be entitled to obtain the entire amount of damages awarded by the competent authority from the Contracting Member State against which the action was brought.
(3) The Contracting Member State that has paid damages is entitled to obtain proportional contribution, established in accordance with the method laid down in Article 37 (3) and (4), from the other Contracting Member States. The detailed rules governing the Contracting Member States' contribution under this paragraph shall be determined by the Administrative Committee.
ARTICLE 23 Responsibility of the Contracting Member States Actions of the Court are directly attributable to each Contracting Member State individually, including for the purposes of Articles 258, 259 and 260 TFEU, and to all Contracting Member States collectively.
CHAPTER V - SOURCES OF LAW AND SUBSTANTIVE LAW ARTICLE 24 Sources of law (1) In full compliance with Article 20, when hearing a case brought before it under this Agreement, the Court shall base its decisions on: (a) Union law, including Regulation (EU) No. 1257/2012 and Regulation (EU) No. 1260/2012 (7);
(b) this Agreement;
(c) the EPC;
(d) other international agreements applicable to patents and binding on all the Contracting Member States; and (e) national law.
(2) To the extent that the Court shall base its decisions on national law, including where under the law of non-contracting States, the applicable law shall be determined: (a) by directly applicable provisions of Union law containing private international law rules, or (b) in the absence of directly applicable provisions of Union law or where the latter do not apply, by international instruments containing private international law rules; or (c) in the absence of provisions referred to in points (a) and (b), by national provisions on international private law as determined by the Court.
(3) The law of non-contracting States shall apply when designated by application of the rules referred to in paragraph 2, in particular in relation to Articles 25 to 28, 54, 55, 64, 68 and 72.
ARTICLE 25 Right to prevent the direct use of the invention A patent shall confer on its proprietor the right to prevent any third party not having the proprietor's consent from the following: (a) making, offering, placing on the market or using a product which is the subject matter of the patent, or importing or storing the product for those purposes;
(b) using a process which is the subject matter of the patent, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the patent proprietor, offering the process for use within the territory of the Contracting Member States in which that patent has effect.
(c) offering, placing on the market, using, or importing or storing for those purposes a product obtained directly by a process which is the subject matter of the patent.
ARTICLE 26 Right to prevent the indirect use of the invention (1) A patent shall confer on its proprietor the right to prevent any third party not having the proprietor's consent from supplying or offering to supply within the territory of the Contracting Member States in which that patent has effect, any person other than a party entitled to exploit the patented invention , with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect.
(2) Paragraph 1 shall not apply when the means are staple commercial products, except where the third party induces the person supplied to perform any of the acts prohibited by Article 25.
(3) persons performing the acts referred to in Article 27 (a) to (e) shall not be considered to be parties entitled to exploit the invention within the meaning of paragraph 1.
ARTICLE 27 Limitations of the effects of a patent The rights conferred by a patent shall not extend to any of the following: (a) acts done privately and for non-commercial purposes;
(b) acts done for experimental purposes relating to the subject matter of the patented invention;
(c) the use of biological material for the purpose of breeding, or discovering and developing other plant varieties;
(d) the acts allowed pursuant to Article 13 (6) of Directive 2001/82/EC (8) or Article 10 (6) of Directive 2001/83/EC (9) in respect of any patent covering the product within the meaning of either of those Directives;
(e) the extemporaneous preparation by a pharmacy, for individual boxes, of a medicine in accordance with a medical prescription or acts concerning the medicine so prepared;
(f) the use of the patented invention on board vessels of countries of the International Union for the Protection of Industrial Property (Paris Union) or members of the World Trade Organization, other than those Contracting Member States in which that patent has effect, in the body of such vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of a Contracting Member State in which that patent has effect , provided that the invention is used there exclusively for the needs of the vessel;
(g) the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of countries of the International Union for the Protection of Industrial Property (Paris Union) or members of the World Trade Organization, other than those Contracting Member States in which that patent has effect, or of accessories to such aircraft or land vehicles , when these temporarily or accidentally enter the territory of a Contracting Member State in which that patent has effect.
(h) the acts specified in Article 27 of the Convention on International Civil Aviation of 7 december 1944 (10), where these acts concern the aircraft of a country party to that Convention other than a Contracting Member State in which that patent has effect.
(i) the use by a farmer of the product of his harvest for propagation or multiplication by him on his own holding, provided that the plant propagating material was sold or otherwise commercialised to the farmer by or with the consent of the patent proprietor for agricultural use. The extent and the conditions for this use corresponds to those under Article 14 of Regulation (EC) No.. 2100/94 (11);
(j) the use

by a farmer of protected livestock for an agricultural purpose, provided that the breeding stock or other animal reproductive material were sold or otherwise commercialised to the farmer by or with the consent of the patent proprietor. Such use includes making the animal or other animal reproductive material available for the purposes of pursuing the farmer's agricultural activity, but not the sale thereof within the framework of, or for the purpose of a commercial reproductive activity;
(k) the acts and the use of the obtained information as allowed under Articles 5 and 6 of Directive 2009/24/EC (12), in particular, by its provisions on decompilation and interoperability; and (l) the acts allowed pursuant to Article 10 of Directive 98/44/EC (13).
ARTICLE 28 Right based on prior use of the invention Any person, who, if a national patent had been granted in respect of an invention, would have had, in a Contracting Member State, a right based on prior use of that invention or has right of personal possession of that invention, shall enjoy, in that Member State, Contracting the same rights in respect of a patent for the same invention.
ARTICLE 29 Exhaustion of the rights conferred by a European patent The rights conferred by a European patent shall not extend to acts concerning a product covered by that patent after that product has been placed on the market in the European Union by, or with the consent of, the patent proprietor, unless there are legitimate grounds for the patent proprietor to opposed further marketing of the product.
ARTICLE 30 Effects of supplementary protection certificates A supplementary protection certificate shall confer the same rights as conferred by the patent and shall be subject to the same limitations and the same obligations.
CHAPTER VI - INTERNATIONAL JURISDICTION AND jurisdiction ARTICLE 31 International jurisdiction The international jurisdiction of the Court shall be established in accordance with Regulation (EU) No. 1215/2012 or, where applicable, on the basis of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano Convention) (14).
ARTICLE 32 jurisdiction of the Court (1) The Court shall have exclusive jurisdiction in respect of: (a) actions for actual or threatened infringements of patents and supplementary protection certificates and related defences, including counterclaims concerning licences;
(b) actions for declarations of non-infringement of patents and supplementary protection certificates;
(c) actions for provisional and protective measures and injunctions;
(d) actions for revocation of patents and for declaration of invalidity of supplementary protection certificates;
(e) counterclaims for revocation of patents and for declaration of invalidity of supplementary protection certificates;
(f) actions for damages or compensation derived from the provisional protection conferred by a published European patent application;
(g) actions relating to the use of the invention prior to the granting of the patent or to the right based on prior use of the invention;
(h) actions for compensation for licences on the basis of Article 8 of Regulation (EU) No. 1257/2012; and (i) actions concerning decisions of the European Patent Office in carrying out the tasks referred to in Article 9 of Regulation (EU) No. 1257/2012.
(2) The national courts of the Contracting Member States shall remain competent for actions relating to patents and supplementary protection certificates which do not come within the exclusive jurisdiction of the Court.
ARTICLE 33 jurisdiction of the divisions of the Court of First Instance (1) Without prejudice to paragraph 7 of this Article, actions referred to in Article 32 (1) (a), (c), (f) and (g) shall be brought before: (a) the local division hosted by the Contracting Member State where the actual or threatened infringement has occurred or may occur, or the regional division in which that Contracting Member State participates;
Gold (b) the local division hosted by the Contracting Member State where the defendant or, in the case of multiple defendants, one of the defendants has its residence, gold principal place of business, or in the absence of residence or principal place of business, its place of business, or the regional division in which that Contracting Member State participates. An action may be brought against multiple defendants only where the defendants have a commercial relationship and where the action relates to the same alleged infringement.
Actions referred to in Article 32 (1) (h) shall be brought before the local or regional division in accordance with point (b) of the first subparagraph.
Actions against defendants having their residence or principal place of business or, in the absence of residence or main place of business, their place of business, outside the territory of the Contracting Member States shall be brought before the local gold regional division in accordance with point (a) of the first subparagraph gold before the central division.
If the Contracting Member State concerned does not host a local division and does not participate in a regional division, actions shall be brought before the central division.
(2) if an action referred to in Article 32 (1) (a), (c), (f), (g) or (h) is pending before a division of the Court of First Instance, any action referred to in Article 32 (1) (a), (c), (f), (g) or (h) between the same parties on the same patent may not be brought before any other division.
If an action referred to in Article 32 (1) (a) is pending before a regional division and the infringement has occurred in the territories of three or more regional divisions, the regional division concerned shall, at the request of the defendant, refer the case to the central division.
In case an action between the same parties on the same patent is brought before several different divisions, the division first seized shall be competent for the whole box and any division seized later shall declare the action inadmissible in accordance with the Rules of Procedure.
(3) A counterclaim for revocation as referred to in Article 32 (1) (e) may be brought in the case of an action for infringement as referred to in Article 32 (1) (a). The local or regional division concerned shall, after having heard the parties, have the discretion either to: (a) proceed with both the action for infringement and with the counterclaim for revocation and request the President of the Court of First Instance to allocate from the Pool of Judges in accordance with Article 18 (3) a technically qualified judge with qualifications and experience in the field of technology concerned.
(b) refer the counterclaim for revocation for decision to the central division and suspend or proceed with the action for infringement. or (c) with the agreement of the parties, refer the case for decision to the central division.
(4) actions referred to in Article 32 (1) (b) and (d) shall be brought before the central division. If, however, an action for infringement as referred to in Article 32 (1) (a) between the same parties relating to the same patent has been brought before a local or a regional division, these actions may only be brought before the local Sami gold regional division.
(5) if an action for revocation as referred to in Article 32 (1) (d) is pending before the central division, an action for infringement as referred to in Article 32 (1) (a) between the same parties relating to the same patent may be brought before any division in accordance with paragraph 1 of this Article or before the central division. The local or regional division concerned shall have the discretion to proceed in accordance with paragraph 3 of this Article.
(6) An action for declaration of non-infringement as referred to in Article 32 (1) (b) pending before the central division shall be stayed once an infringement action as referred to in Article 32 (1) (a) between the same parties or between the holder of an exclusive licence and the party requesting a declaration of non-infringement relating to the same patent is brought before a local or regional division within three months of the date on which the action was initiated before the central division.
(7) parties may agree to bring actions referred to in Article 32 (1) (a) to (h) before the division of their choice, including the central division.
(8) actions referred to in Article 32 (1) (d) and (e) can be brought without the applicant having to file notice of objection with the European Patent Office.
(9) actions referred to in Article 32 (1) (i) shall be brought before the central division.
(10) A party shall inform the Court of any pending revocation, limitation or opposition proceedings before the European Patent Office, and of any request for accelerated processing before the European Patent Office. The Court may stay its proceedings when a rapid decision may be expected from the European Patent Office.
ARTICLE 34 Territorial scope of decisions Decisions of the Court shall cover, in the case of a European patent, the territory of those Contracting Member States for which the European patent has effect.
CHAPTER VII - PATENT MEDIATION AND ARBITRATION ARTICLE 35 Patent mediation and arbitration centre (1) A patent mediation and arbitration center ("the Center") is hereby established. It shall have its seats in Ljubljana and Lisbon.
(2) The Centre shall provide facilities for mediation and arbitration of patent disputes falling within the scope of this Agreement. Article 82 shall apply mutatis mutandis to any settlement reached through the use of the facilities of the Centre, including through mediation. However, a patent may not be Annulation or limited in mediation or arbitration proceedings.
(3) The Centre shall establish Mediation and Arbitration Rules.
(4) The

Centre shall draw up a list of mediators and arbitrators to assist the parties in the settlement of their dispute.
PART II - FINANCIAL PROVISIONS ARTICLE 36 Budget of the Court (1) The budget of the Court shall be financed by the Court's own financial revenues and, at least in the transitional period referred to in Article 83 as necessary, by contributions from the Contracting Member States. The budget shall be balanced.
(2) The Court's own financial revenues included shall court fees and other revenues.
(3) court fees shall be fixed by the Administrative Committee.
They shall consist of a fixed fee, combined with a value-based fee above a pre-defined ceiling. The Court fees shall be fixed at such a level as to ensure a right balance between the principle of fair access to justice, in particular for small and medium-sized enterprises, micro-entities, natural persons, non-profit organizations, universities and public research organizations and an adequate contribution of the parties for the costs incurred by the Court, recognising the economic benefits to the parties involved , and the objective of a self-financing short with balanced finances. The level of the Court fees shall be reviewed periodically by the Administrative Committee. Targeted support measures for small and medium-sized enterprises and micro entities may be considered.
(4) if the Court is unable to balance its budget out of its own resources, the Contracting Member States shall remit to it special financial contributions.
ARTICLE 37 Financing of the Court (1) The operating costs of the Court shall be covered by the budget of the Court, in accordance with the Statute.
Contracting Member States setting up a local division shall provide the facilities necessary for that purpose. Contracting Member States sharing a regional division shall provide jointly the facilities necessary for that purpose. Contracting Member States hosting the central division, its sections or the Court of Appeal shall provide the facilities necessary for that purpose. During an initial transitional period of seven years starting from the date of the entry into force of this Agreement, the Contracting Member States concerned shall also provide administrative support staff, without prejudice to the Statute of that staff.
(2) the date of entry into force of this Agreement, the Contracting Member States shall provide the initial financial contributions necessary for the setting up of the Court.
(3) During the initial transitional period of seven years, starting from the date of the entry into force of this Agreement, the contribution by each Contracting Member State having ratified or acceded to the Agreement before the entry into force thereof shall be calculated on the basis of the number of European patents having effect in the territory of that State on the date of entry into force of this Agreement and the number of European patents with respect to which actions for infringement or for revocation have been brought before the national courts of that State in the three years preceding entry into force of this Agreement.
During the same initial transitional period of seven years, for Member States which ratify, or access to, this Agreement after the entry into force thereof, the contributions shall be calculated on the basis of the number of European patents having effect in the territory of the ratifying or acceding Member State on the date of the ratification or accession and the number of European patents with respect to which actions for infringement or for revocation have been brought before the national short of the ratifying or acceding Member State in the three years preceding the ratification or accession.
(4) After the end of the initial transitional period of seven years, by which the Court is expected to have become self-financing, should contributions by the Contracting Member States become necessary, they shall be determined in accordance with the scale for the distribution of annual renewal fees for European patents with unitary effect applicable at the time the contribution becomes necessary.
ARTICLE 38 Financing of the training framework for judges The training framework for judges shall be financed by the budget of the Court.
ARTICLE 39 Financing of the Centre The operating costs of the Centre shall be financed by the budget of the Court.
PART III - Organization AND PROCEDURAL PROVISIONS CHAPTER I - GENERAL PROVISIONS ARTICLE 40 Statute (1) The Statute shall lay down the details of the Organization and functioning of the Court.
(2) The Statute is annexed to this Agreement. The Statute may be amended by decision of the Administrative Committee, on the basis of a proposal of the Court or a proposal of a Contracting Member State after consultation with the Court.
However, such amendments shall not contradict or alter this Agreement.
(3) The Statute shall guarantee that the functioning of the Court is organised in the most efficient and cost-effective manner and shall ensure equitable access to justice.
ARTICLE 41 Rules of Procedure (1) The Rules of Procedure shall lay down the details of the proceedings before the Court. They shall comply with this Agreement and the Statute.
(2) The Rules of Procedure shall be adopted by the Administrative Committee on the basis of broad consultations with stakeholders. The prior opinion of the European Commission on the compatibility of the Rules of Procedure with Union law shall be requested.
The Rules of Procedure may be amended by a decision of the Administrative Committee, on the basis of a proposal from the Court and after consultation with the European Commission. However, such amendments shall not contradict or alter this Agreement or the Statute.
(3) The Rules of Procedure shall guarantee that the decisions of the Court are of the highest quality and that proceedings are organised in the most efficient and cost effective manner. They shall ensure a fair balance between the legitimate interests of all parties. They shall provide for the required level of discretion of judges without impairing the predictability of proceedings for the parties.
ARTICLE 42 Proportionality and fairness (1) The Court shall deal with litigation in ways which are proportionate to the importance and complexity thereof.
(2) The Court shall ensure that the rules, procedures and remedies provided for in this Agreement and in the Statute are used in a fair and equitable manner and do not distort competition.
SECTION 43 Case management The Court shall actively manage the cases before it in accordance with the Rules of Procedure without impairing the freedom of the parties to determine the subject-matter of, and the supporting evidence for, their box.
ARTICLE 44 Electronic proceedings The Court shall make best use of electronic procedures, such as the electronic filing of submissions of the parties and stating of evidence in electronic form, as well as video conferencing, in accordance with the Rules of Procedure.
ARTICLE 45 Public proceedings The proceedings shall be open to the public unless the Court decides to make them confidential, to the extent necessary, in the interest of one of the parties or other affected persons, or in the general interest of justice or public order.
ARTICLE 46 Legal capacity Any natural or legal person, or any body equivalent to a legal person entitled to initiate proceedings in accordance with its national law, shall have the capacity to be a party to the proceedings before the Court.
ARTICLE 47 Parties (1) The patent proprietor shall be entitled to bring actions before the Court.
(2) Unless the licensing agreement provides otherwise, the holder of an exclusive licence in respect of a patent shall be entitled to bring actions before the Court under the same circumstances as the patent proprietor, provided that the patent proprietor is given prior notice.
(3) The holder of a non-exclusive licence shall not be entitled to bring actions before the Court, unless the patent proprietor is given prior notice and in so far as expressly permitted by the license agreement.
(4) In actions brought by a licence holder, the patent proprietor shall be entitled to join the action before the Court.
(5) The validity of a patent cannot be contested in an action for infringement brought by the holder of a licence where the patent proprietor does not take part in the proceedings. The party in an action for infringement wanting to contest the validity of a patent shall have to bring actions against the patent proprietor.
(6) Any other natural or legal person, or any body entitled to bring actions in accordance with its national law, who is concerned by a patent, may bring actions in accordance with the Rules of Procedure.
(7) Any natural or legal person, or any body entitled to bring actions in accordance with its national law and who is affected by a decision of the European Patent Office in carrying out the tasks referred to in Article 9 of Regulation (EU) No. 1257/2012 is entitled to bring actions under section 32 (1) (i).
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.
(6) Representatives of the parties shall be obliged not to misrepresent cases or facts before the Court either deletions or with good reasons to know.
(7) Representation in accordance with paragraphs 1 and 2 of this Article shall not be required in proceedings under Article 32 (1) (i).
CHAPTER II - LANGUAGE OF PROCEEDINGS ARTICLE 49 Language of proceedings at the Court of First Instance (1) The language of proceedings before any local or regional division shall be an official European Union language which is the official language or one of the official languages of the Contracting Member State hosting the under division, however the official language (s) designated by Contracting Member States sharing a regional division.
(2) Notwithstanding paragraph 1, Contracting Member States may designate one or more of the official languages of the European Patent Office as the language of proceedings of their local or regional division.
(3) The parties may agree on the use of the language in which the patent was granted as the language of proceedings, subject to approval by the competent panel. If the panel does not approve their choice, the parties may request that the case be referred to the central division.
(4) With the agreement of the parties the competent panel may, on grounds of convenience and fairness, decide on the use of the language in which the patent was granted as the language of proceedings.
(5) At the request of one of the parties and after having heard the other parties and the panel, the President of the competent Court of First Instance may, on grounds of fairness and taking into account all relevant circumstances, including the position of parties, in particular the position of the defendant, decide on the use of the language in which the patent was granted as language of proceedings. In this case the President of the Court of First Instance shall assess the need for specific translation and interpretation arrangements.
(6) The language of proceedings at the central division shall be the language in which the patent concerned was granted.
ARTICLE 50 Language of proceedings at the Court of Appeal (1) The language of proceedings before the Court of Appeal shall be the language of proceedings before the Court of First Instance.
(2) Notwithstanding paragraph 1 the parties may agree on the use of the language in which the patent was granted as the language of proceedings.
(3) In exceptional cases and to the extent deemed appropriate, the Court of Appeal may decide on another official language of a Contracting Member State as the language of proceedings for the whole or part of the proceedings, subject to agreement by the parties.
ARTICLE 51 Other language arrangements (1) Any panel of the Court of First Instance and the Court of Appeal may, to the extent deemed appropriate, dispense with translation requirements.
(2) At the request of one of the parties, and to the extent deemed appropriate, any division of the Court of First Instance and the Court of Appeal shall provide interpretation facilities to assist the parties concerned at oral proceedings.
(3) Notwithstanding Article 49 (6), in cases where an action for infringement is brought before the central division, a defendant having its residence, principal place of business or place of business in a Member State shall have the right to obtain, upon request, translations of relevant documents in the language of the Member State of residence, principal place of business or , in the absence of residence or principal place of business, place of business, in the following circumstances: (a) jurisdiction is entrusted to the central division in accordance with Article 33 (1) third or fourth subparagraph, and (b) the language of proceedings at the central division is a language which is not an official language of the Member State where the defendant has its residence , principal place of business or, in the absence of residence or principal place of business, place of business, and (c) the defendant does not have proper knowledge of the language of the proceedings.
CHAPTER III – PROCEEDINGS BEFORE THE COURT ARTICLE 52 Written, acting and oral proceedings (1) The proceedings before the Court shall consist of a written, an interim and an oral procedure, in accordance with the Rules of Procedure. All procedures shall be organized in a flexible and balanced manner.
(2) In the interim procedure, after the written procedure and if appropriate, the judge acting as Rapporteur, subject to a mandate of the full panel, shall be responsible for convening an interim hearing. That judge shall in particular explored with the parties the possibility for a settlement, including through mediation and/or arbitration, by using the facilities of the Centre referred to in Article 35.
(3) The oral proceedings shall give parties the opportunity to explain their arguments properly. The Court may, with the agreement of the parties, dispense with the oral hearing.
ARTICLE 53 Means of evidence (1) In proceedings before the Court, the means of giving or obtaining evidence shall include in particular the following: (a) hearing the parties;
(b) requests for information;
(c) production of documents;
(d) hearing witnesses;
(e) opinions by experts;
(f) inspection;
(g) comparative tests or experiments;
(h) sworn statements in writing (affidavits).
(2) The Rules of Procedure shall govern the procedure for taking such evidence. Questioning of witnesses and experts shall be under the control of the Court and be limited to what is necessary.
ARTICLE 54 Burden of proof Without prejudice to Article 24 (2) and (3), the burden of the proof of facts shall be on the party relying on those facts.
ARTICLE 55 Reversal of burden of proof (1) Without prejudice to Article 24 (2) and (3), if the subject-matter of a patent is a process for obtaining a new product, the identical product when produced without the consent of the patent proprietor shall, in the absence of proof to the contrary, be deemed to have been obtained by the patented process.
(2) The principle set out in paragraph 1 shall also apply where there is a substantial likelihood that the identical product was made by the patented process and the patent proprietor has been unable, despite reasonable efforts, to determine the process actually used for such identical product.
(3) In the adduction of proof to the contrary, the legitimate interests of the defendant in protecting its manufacturing and trade secrets shall be taken into account.
CHAPTER IV - POWERS OF THE COURT ARTICLE 56 The general powers of the Court (1) The Court may impose such measures, procedures and remedies as are laid down in this Agreement and may make its orders subject to conditions, in accordance with the Rules of Procedure.
(2) The Court shall take due account of the interest of the parties and shall, before making an order, give any party the opportunity to be heard, unless this is incompatible with the effective enforcement of such order.
ARTICLE 57 short experts (1) Without prejudice to the possibility for the parties to produce expert evidence, the Court may at any time short extra experts in order to provide expertise for specific aspects of the case. The Court shall provide such expert with all information necessary for the provision of the expert advice.
(2) To this end, an indicative list of experts shall be drawn up by the Court in accordance with the Rules of Procedure. That list shall be kept by the Registrar.
(3) The court expert shall guarantee independence and impartiality. Rules governing conflicts of interest applicable to judges set out in Article 7 of the Statute shall by analogy apply to court experts.
(4) expert advice given to the short short by experts shall be made available to the parties which shall have the possibility to how is it. ARTICLE 58 Protection of confidential information To protect the trade secrets, personal data or other confidential information of a party to the proceedings or of a third party, or to prevent an abuse of evidence , the Court may order that the collection and use of evidence in proceedings before it be restricted or prohibited or that access to such evidence be restricted to specific persons.
SECTION 59 Order to produce evidence (1) At the request of a party which has presented reasonably available evidence sufficient to support its claims and has, in substantiating those claims, specified evidence which lies in the control of the opposing party or a third party, the Court may order the opposing party or a third party to present such evidence, subject to the protection of confidential information. Such order shall not result in an obligation of self-incrimination.
(2) At the request of a party the Court may order, under the same conditions as specified in paragraph 1, the communication of banking, financial or commercial documents under the control of the opposing party, subject to the protection of confidential information.
SECTION 60 Order to preserve evidence and to inspect premises (1) At the request of the applicant which has presented reasonably available evidence to support the claim that the patent has been infringed or is about to be infringed, the Court may, even before the commencement of proceedings on the merits of the case, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement , subject to the protection of confidential information.
(2) Such

measures may include the detailed description, with or without the taking of samples, or the physical seizure of the infringing products, and, in appropriate cases, the materials and implements used in the production and/or distribution of those products and the documents relating thereto.
(3) The Court may, even before the commencement of proceedings on the merits of the case, at the request of the applicant who has presented evidence to support the claim that the patent has been infringed or is about to be infringed, order the inspection of premises. Such inspection of premises shall be conducted by a person appointed by the Court in accordance with the Rules of Procedure.
(4) At the inspection of the premises the applicant shall not be present itself but may be represented by an independent professional practitioner whose name has to be specified in the Court's order.
(5) Measures shall be ordered, if necessary without the other party having been heard, in particular where any delay is likely to cause irreparable harm to the proprietor of the patent, or where there is a demonstrable risk of evidence being destroyed.
(6) Where measures to preserve evidence or inspect premises are ordered without the other party in the case having been heard, the parties affected shall be given notice, without delay and at the latest immediately after the execution of the measures. A review, including a right to be heard, shall take place upon request of the parties affected with a view to deciding, within a reasonable period after the notification of the measures, whether the measures are to be modified, Annulation or confirmed.
(7) The measures to preserve evidence may be subject to the lodging by the applicant of adequate security or an equivalent assurance intended to ensure compensation for any prejudice suffered by the defendant as provided for in paragraph 9.
(8) The Court shall ensure that the measures to preserve evidence are Annulation or otherwise cease to have effect, at the defendant's request, without prejudice to the damages which may be claimed, if the applicant does not bring, within a period not exceeding 31 calendar days or 20 working days, whichever is the longer, action leading to a decision on the merits of the case before the Court.
(9) Where the measures to preserve evidence are Annulation, or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no. infringement or threat of infringement of the patent, the Court may order the applicant, at the defendant's request, to provide the defendant with appropriate compensation for any damage suffered as a result of those measures.
ARTICLE 61 Freezing orders (1) At the request of the applicant which has presented reasonably available evidence to support the claim that the patent has been infringed or is about to be infringed, the Court may, even before the commencement of proceedings on the merits of the case, order a party not to remove from its jurisdiction any assets located therein , or not to deal in any assets, whether located within its jurisdiction or not.
(2) article 60 (5) to (9) shall apply by analogy to the measures referred to in this Article.
ARTICLE 62 Provisional and protective measures (1) The Court may, by way of order, grant injunctions against an alleged infringer or against an intermediary whose services are used by the alleged infringer, intended to prevent any imminent infringement, to prohibit, on a provisional basis and subject, where appropriate, to a recurring penalty payment, the continuation of the alleged infringement or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the right holder.
(2) The Court shall have the discretion to weigh up the interests of the parties and in particular to take into account the potential harm for either of the parties resulting from the granting or the refusal of the injunction.
(3) The Court may also order the seizure or delivery up of the products suspected of infringing a patent so as to prevent their entry into, or movement within the channels of commerce. If the applicant demonstrates circumstances likely to endanger the recovery of damages, the Court may order the precautionary seizure of the movable and immovable property of the alleged infringer, including the blocking of bank accounts and other assets of the alleged infringer of the.
(4) The Court may, in respect of the measures referred to in paragraphs 1 and 3, require the applicant to provide any reasonable evidence in order to satisfy itself with a sufficient degree of certainty that the applicant is the right holder and that the applicant's right is being infringed, or that such infringement is imminent.
(5) article 60 (5) to (9) shall apply by analogy to the measures referred to in this Article.
ARTICLE 63 Permanent injunctions (1) Where a decision is taken finding an infringement of a patent, the Court may grant an injunction against the infringer aimed at prohibiting the continuation of the infringement.
The Court may also grant such injunction against an intermediary whose services are being used by a third party to infringe a patent.
(2) Where appropriate, non-compliance with the injunction referred to in paragraph 1 shall be subject to a recurring penalty payment payable to the Court.
ARTICLE 64 Corrective measures in infringement proceedings (1) Without prejudice to any damages due to the injured party by reason of the infringement, and without compensation of any sort, the Court may order, at the request of the applicant, that appropriate measures be taken with regard to products found to be infringing a patent and, in appropriate cases, with regard to materials and implements principally used in the creation or manufacture of those products.
(2) Such measures shall include: (a) a declaration of infringement;
(b) recalling the products from the channels of commerce;
(c) depriving the product of its infringing property;
(d) definitively removing the products from the channels of commerce; or (e) the destruction of the products and/or of the materials and implements concerned.
(3) The Court shall order that those measures be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.
(4) In considering a request for corrective measures pursuant to this Article, the Court shall take into account the need for proportionality between the seriousness of the infringement and the remedies to be ordered, the willingness of the infringer to convert the materials into a non-infringing state, as well as the interests of third parties.
ARTICLE 65 Decision on the validity of a patent (1) The Court shall decide on the validity of a patent on the basis of an action for revocation or a counterclaim for revocation.
(2) The Court may revoke a patent, either entirely or partly, only on the grounds referred to in blogs 138 (1) and 139 (2) of the EPC.
(3) Without prejudice to Article 138 (3) of the EPC, if the grounds for revocation affect the patent only in part, the patent shall be limited by a corresponding amendment of the claims and Annulation in part (4) To the extent that a patent has been Annulation it shall be deemed not to have had, from the outset, the effects specified in blogs 64 and 67 of the EPC.
(5) Where the Court, in a final decision, revokes a patent, either entirely or partly, it shall send a copy of the decision to the European Patent Office and, with respect to a European patent, to the national patent office of any Contracting Member State concerned.
ARTICLE 66 Powers of the Court concerning decisions of the European Patent Office (1) In actions brought under Article 32 (1) (i), the Court may exercise any power entrusted on the European Patent Office in accordance with Article 9 of Regulation (EU) No. 1257/2012, including the rectification of the Register for unitary patent protection.
(2) In actions brought under Article 32 (1) (i) the parties shall, by way of derogation from Article 69, bear their own costs.
ARTICLE 67 Power to order the communication of information (1) The Court may, in response to a justified and proportionate request of the applicant and in accordance with the Rules of Procedure, order an infringer to inform the applicant of: (a) the origin and distribution channels of the infringing products or processes;
(b) the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the infringing products;
and (c) the identity of any third person involved in the production or distribution of the infringing products or in the use of the infringing process.
(2) The Court may, in accordance with the Rules of Procedure, also order any third party who: (a) was found in the possession of the infringing products on a commercial scale or to be using an infringing process on a commercial scale;
(b) was found to be providing on a commercial scale services used in infringing activities; or (c) was indicated by the person referred to in points (a) or (b) as being involved in the production, manufacture or distribution of the infringing products or processes or in the provision of the services, to provide the applicant with the information referred to in paragraph 1.
ARTICLE 68 Award of damages (1) The Court shall, at the request of the injured party, order the infringer who deletions, or with reasonable grounds to know, engaged in a patent infringing activity, to pay the injured party damages appropriate to the harm actually suffered by that party as a result of the infringement.
(2) The injured party shall, to the extent possible, be placed in the position it would have been in if no. infringement had taken place. The infringer shall not benefit from the infringement. However, damages shall not be punitive.
(3) When the Court sets the damages:

(a) it shall take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the injured party by the infringement; or (b) as an alternative to point (a), it may, in appropriate cases, set the damages as a lump sum on the basis of elements such as at least the amount of the royalties or fees which would have been due if the infringer had requested authorisation to use the patent in question.
(4) Where the infringer did not deletions, or with reasonable grounds to know, engaged in the infringing activity, the Court may order the recovery of profits or the payment of compensation.
ARTICLE 69 Legal costs (1) Reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity requires otherwise, up to a ceiling set in accordance with the Rules of Procedure.
(2) Where a party succeeds only in part or in exceptional circumstances, the Court may order that costs be apportioned equitably or that the parties bear their own costs.
(3) A party should bear any unnecessary costs it has caused the Court or another party.
(4) At the request of the defendant, the Court may order the applicant to provide adequate security for the legal costs and other expenses incurred by the defendant which the applicant may be liable to bear, in particular in the cases referred to in blogs 59 to 62.
ARTICLE 70 short fairy (1) Parties to proceedings before the Court shall pay court fees.
(2) court fees shall be paid in advance, unless the Rules of Procedure provide otherwise. Any party which has not paid a prescribed court fee may be excluded from further participation in the proceedings.
ARTICLE 71 Legal aid (1) A party who is a natural person and who is unable to meet the costs of the proceedings, either wholly or in part, may at any time apply for legal aid. The conditions for granting of legal aid shall be laid down in the Rules of Procedure.
(2) The Court shall decide whether legal aid should be granted in full or in part, or whether it should be refused, in accordance with the Rules of Procedure.
(3) on a proposal from the Court, the Administrative Committee shall set the level of legal aid and the rules are bearing the costs thereof.
ARTICLE 72 Period of limitation Without prejudice to Article 24 (2) and (3), actions relating to all forms of financial compensation may not be brought more than five years after the date on which the applicant became aware, or had reasonable grounds to become aware, of the last fact justifying the action.
CHAPTER V - section 73 Appeal APPEALS (1) An appeal against a decision of the Court of First Instance may be brought before the Court of Appeal by any party which has been unsuccessful, in whole or in part, in its submissions, within two months of the date of the notification of the decision.
(2) An appeal against an order of the Court of First Instance may be brought before the Court of Appeal by any party which has been unsuccessful, in whole or in part, in its submissions: (a) for the orders referred to in blogs 49 (5), 59 to 62 and 67 within 15 calendar days of the notification of the order to the applicant;
(b) for other orders than the orders referred to in point (a): (i) together with the appeal against the decision, or (ii) where the Court grants leave to appeal within 15 days of the notification of the Court's decision to that effect.
(3) The appeal against a decision or an order of the Court of First Instance may be based on points of law and matters of fact.
(4) New facts and new evidence may only be introduced in accordance with the Rules of Procedure and where the submission thereof by the party concerned could not reasonably have been expected during proceedings before the Court of First Instance.
ARTICLE 74 Effects of an appeal (1) An appeal shall not have suspensive effect unless the Court of Appeal decides otherwise at the motivated request of one of the parties. The Rules of Procedure shall guarantee that such a decision is taken without delay.
(2) Notwithstanding paragraph 1, an appeal against a decision on actions or counterclaims for revocation and on actions based on Article 32 (1) (i) shall always have suspensive effect.
(3) An appeal against an order referred to in blogs 49 (5), 59 to 62 or 67 shall not prevent the continuation of the main proceedings. However, the Court of First Instance shall not give a decision in the main proceedings before the decision of the Court of Appeal concerning an appealed order has been given.
ARTICLE 75 Decision on appeal and referral back (1) If an appeal pursuant to Article 73 is well founded, the Court of Appeal shall revoke the decision of the Court of First Instance and give a final decision. The Court of Appeal may in exceptional cases and in accordance with the Rules of Procedure refer the case back to the Court of First Instance for decision.
(2) Where a case is referred back to the Court of First Instance pursuant to paragraph 1, the Court of First Instance shall be bound by the decision of the Court of Appeal on points of law.
CHAPTER VI - DECISIONS ARTICLE 76 Basis for decisions and right to be heard (1) The Court shall decide in accordance with the requests submitted by the parties and shall not award more than is requested.
(2) Decisions on the merits may only be based on grounds, facts and evidence, which were submitted by the parties or introduced into the proceedings by an order of the Court and on which the parties have had an opportunity to present their comments.
(3) The Court shall evaluate evidence freely and independently.
ARTICLE 77 Formal requirements (1) Decisions and orders of the Court shall be reasoned and shall be given in writing in accordance with the Rules of Procedure.
(2) Decisions and orders of the Court shall be delivered in the language of proceedings.
ARTICLE 78 Decisions of the Court and dissenting opinions (1) Decisions and orders of the Court shall be taken by a majority of the panel, in accordance with the Statute. In case of equal votes, the vote of the presiding judge shall prevail.
(2) In exceptional circumstances, any judge of the panel may express a dissenting opinion separately from the decision of the Court.
ARTICLE 79 Settlement The parties may, at any time in the course of proceedings, conclude their case by way of settlement, which shall be confirmed by a decision of the Court. A patent may not be Annulation or limited by way of settlement.
ARTICLE 80 Publication of decisions The Court may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of information concerning the Court's decision, including displaying the decision and publishing it in full or in part in public media.
ARTICLE 81 Rehearing (1) A request for rehearing after a final decision of the Court may exceptionally be granted by the Court of Appeal in the following circumstances: (a) on discovery of a fact by the party requesting the rehearing, which is of such a nature as to be a decisive factor and which, when the decision was given, was unknown to the party requesting the rehearing; such request may only be granted on the basis of an act which was held, by a final decision of a national court, to constitute a criminal offence; or (b) in the event of a fundamental procedural defect, in particular when a defendant who did not appear before the Court was not served with the document initiating the proceedings or an equivalent document in sufficient time and in such a way as to enable him to arrange for the defense.
(2) A request for a rehearing shall be filed within 10 years of the date of the decision but not later than two months from the date of the discovery of the new fact or of the procedural defect. Such request shall not have suspensive effect unless the Court of Appeal decides otherwise.
(3) if the request for a rehearing is well founded, the Court of Appeal shall set aside, in whole or in part, the decision under review and re-open the proceedings for a new trial and decision, in accordance with the Rules of Procedure.
(4) persons using patents which are the subject-matter of a decision under review and who act in good faith should be allowed to continue using such patents.
ARTICLE 82 Enforcement of decisions and orders (1) Decisions and orders of the Court shall be enforceable in any Contracting Member State. An order for the enforcement of a decision shall be appended to the decision by the Court.
(2) Where appropriate, the enforcement of a decision may be subject to the provision of security or an equivalent assurance to ensure compensation for any damage suffered, in particular in the case of injunctions.
(3) Without prejudice to this Agreement and the Statute, enforcement procedures shall be governed by the law of the Contracting Member State where the enforcement takes place. Any decision of the Court shall be enforced under the same conditions as a decision given in the Contracting Member State where the enforcement takes place.
(4) if a party does not comply with the terms of an order of the Court, that party may be sanctioned with a recurring penalty payment payable to the Court. The individual penalty shall be proportionate to the importance of the order to be enforced and shall be without prejudice to the party's right to claim damages or security.
PART IV - TRANSITIONAL PROVISIONS ARTICLE 83 Transitional regime (1) During a transitional period of seven years after the date of entry into force of this Agreement, an action for infringement

or for revocation of a European patent or an action for infringement or for declaration of invalidity of a supplementary protection certificate issued for a product protected by a European patent may still be brought before national courts or other competent national authorities.
(2) An action pending before a national court at the end of the transitional period shall not be affected by the expiry of this period.
(3) Unless an action has already been brought before the Court, a proprietor of or an applicant for a European patent granted or applied for prior to the end of the transitional period under paragraph 1 and, where applicable, paragraph 5, as well as a holder of a supplementary protection certificate issued for a product protected by a European patent, shall have the possibility to opt out from the exclusive competence of the Court. To this end they shall notify their opt-out to the Registry by the latest one month before expiry of the transitional period. The opt-out shall take effect upon its entry into the register.
(4) Unless an action has already been brought before a national court, proprietors of or applicants for European patents or holders of supplementary protection certificates issued for a product protected by a European patent who made use of the opt-out in accordance with paragraph 3 shall be entitled to withdraw their opt-out at any time. In this event they shall notify the Registry accordingly. The withdrawal of the opt-out shall take effect upon its entry into the register.
(5) five years after the entry into force of this Agreement, the Administrative Committee shall carry out a broad consultation with the users of the patent system and a survey on the number of European patents and supplementary protection certificates issued for products protected by European patents with respect to which actions for infringement or for revocation or declaration of invalidity are still brought before the national courts pursuant to paragraph 1 , the reasons for this and the implications thereof. On the basis of this consultation and an opinion of the Court, the Administrative Committee may decide to prolong the transitional period by up to seven years.
PART V - FINAL PROVISIONS ARTICLE 84 Signature, ratification and accession (1) This Agreement shall be open for signature by any Member State on 19 February 2013.
(2) This Agreement shall be subject to ratification in accordance with the respective constitutional requirements of the Member States. Instruments of ratification shall be deposited with the General Secretariat of the Council of the European Union (hereinafter referred to as "the depositary").
(3) Each Member State having signed this Agreement shall notify the European Commission of its ratification of the Agreement at the time of the deposit of its ratification instrument pursuant to Article 18 (3) of Regulation (EU) No. 1257/2012.
(4) This Agreement shall be open to accession by any Member State. Instruments of accession shall be deposited with the depositary.
ARTICLE 85 of the depositary Functions (1) The depositary shall draw up certified true copies of this Agreement and shall transmit them to the governments of all signatory or acceding Member States.
(2) The depositary shall notify the governments of the signatory or acceding Member States of: (a) any signature;
(b) the deposit of any instrument of ratification or accession;
(c) the date of entry into force of this Agreement.
(3) The depositary shall register this Agreement with the Secretariat of the United Nations.
ARTICLE 86 Duration of the Agreement This Agreement shall be of unlimited duration.
ARTICLE 87 review (1) seven years after the entry into force of this Agreement Either gold ounce 2000 infringement cases have been decided by the Court, whichever is the later point in time, and if necessary at regular intervals thereafter, a broad consultation with the users of the patent system shall be carried out by the Administrative Committee on the functioning , efficiency and costeffectiveness of the Court and on the trust and confidence of users of the patent system in the quality of the Court's decisions. On the basis of this consultation and an opinion of the Court, the Administrative Committee may decide to revise this Agreement with a view to improving the functioning of the Court.
(2) The Administrative Committee may amend this Agreement to bring it into line with an international treaty relating to patents or Union law.
(3) A decision of the Administrative Committee taken on the basis of paragraphs 1 and 2 shall not take effect if a Contracting Member State declared within twelve months of the date of the decision, on the basis of its relevant internal decision-making procedures, that it does not wish to be bound by the decision.
In this case, a Review Conference of the Contracting Member States shall be convened.
ARTICLE 88 Languages of the Agreement (1) This Agreement is drawn up in a single original in the English, French and German languages, each text being equally authentic.
(2) The texts of this Agreement drawn up in official languages of Contracting Member States other than those specified in paragraph 1 shall, if they have been approved by the Administrative Committee, be considered as official texts. In the event of discrepancies between the various texts, the texts referred to in paragraph 1 shall prevail.
ARTICLE 89 Entry into force (1) This Agreement shall enter into force on 1 January 2014 gold on the first day of the fourth month after the deposit of the thirteenth instrument of ratification or accession in accordance with Article 84, including the three Member States in which the highest number of European patents had effect in the year preceding the year in which the signature of the Agreement takes place or on the first day of the fourth month After the date of entry into force of the amendments to Regulation (EU) No. 1215/2012 concerning its relationship with this Agreement, whichever is the latest.
(2) Any ratification or accession after the entry into force of this Agreement shall take effect on the first day of the fourth month after the deposit of the instrument of ratification or accession.
In witness whereof the undersigned, being duly authorised thereto, have signed this Agreement, Done at Brussels on 19 February 2013 in English, French and German, all three texts being equally authentic, in a single copy which shall be deposited in the archives of the General Secretariat of the Council of the European Union.
ANNEX I STATUTE OF THE UNIFIED PATENT COURT ARTICLE 1 Scope of the Statute This Statute contains institutional and financial arrangements for the Unified Patent Court as established under Article 1 of the Agreement.
CHAPTER I - JUDGES ARTICLE 2 Eligibility of judges (1) Any person who is a national of a Contracting Member State and fulfils the conditions set out in Article 15 of the Agreement and in this Statute may be appointed as a judge.
(2) Judges shall have a good command of at least one official language of the European Patent Office.
(3) Experience with patent litigation which has to be proven for the appointment pursuant to Article 15 (1) of the Agreement may be acquired by training under Article 11 (4) (a) of this Statute.
ARTICLE 3 Appointment of judges (1) Judges shall be appointed pursuant to the procedure set out in Article 16 of the Agreement.
(2) Vacancies shall be publicly advertised and shall indicate the relevant eligibility criteria as set out in Article 2. The Advisory Committee shall give an opinion on candidates' suitability to perform the duties of a judge of the Court. The opinion shall included a list of most suitable candidates. The list shall contain at least twice as many candidates as there are vacancies. Where necessary, the Advisory Committee may recommend that, prior to the decision on the appointment, a candidate judge receive training in patent litigation pursuant to Article 11 (4) (a).
(3) When appointing judges, the Administrative Committee shall ensure the best legal and technical expertise and a balanced composition of the Court on as broad a geographical basis as possible among nationals of the Contracting Member States.
(4) The Administrative Committee shall fill as many judges as are needed for the proper functioning of the Court. The Administrative Committee shall initially fill the necessary number of judges for setting up at least one panel in each of the divisions of the Court of First Instance and at least two panels in the Court of Appeal.
(5) The decision of the Administrative Committee appointing full-time or part-time legally qualified judges and full-time technically qualified judges shall state the instance of the Court and/or the division of the Court of First Instance for which each judge is appointed and the field (s) of technology for which a technically qualified judge is appointed.
(6) part-time technically qualified judges shall be appointed as judges of the Court and shall be included in the Pool of Judges on the basis of their specific qualifications and experience. The appointment of these judges to the Court shall ensure that all fields of technology are covered.
ARTICLE 4 Judges' term of office (1) Judges shall be appointed for a term of six years, beginning on the date laid down in the instrument of appointment. They may be re-appointed.
(2) In the absence of any provision regarding the date, the term shall begin on the date of the instrument of appointment.
ARTICLE 5 Appointment of the members of the Advisory Committee (1) Each Contracting Member State shall propose a member of the Advisory Committee who fulfils the requirements set out in Article 14 (2) of the Agreement.
(2) The members of the Advisory Committee shall be appointed by the Administrative Committee acting by common agreement.
ARTICLE 6 Oath Before taking

up their duties judges shall, in open court, take an oath to perform their duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.
ARTICLE 7 Impartiality (1) Immediately after taking their oath, judges shall sign a declaration by which they solemnly undertake that, both during and after their term of office, they shall respect the obligations arising therefrom, in particular the duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits.
(2) Judges may not take part in the proceedings of a case in which they: (a) have taken part as adviser;
(b) have been a party or have acted for one of the parties;
(c) have been called upon to pronounce as a member of a court, tribunal, board of appeal, arbitration or mediation panel, a commission of inquiry or in any other capacity;
(d) have a personal or financial interest in the case or in relationship to one of the parties; or (e) are related to one of the parties or the representatives of the parties by family ties.
(3) if, for some special reason, a judge considers that he or she should not take part in the judgement or examination of a particular case, that judge shall so inform the President of the Court of Appeal accordingly or, in the case of judges of the Court of First Instance, the President of the Court of First Instance. If, for some special reason, the President of the Court of Appeal or, in the case of judges of the Court of First Instance, the President of the Court of First Instance considers that a judge should not sit or make submissions in a particular case, the President of the Court of Appeal or the President of the Court of First Instance shall justify this in writing and notify the judge concerned accordingly.
(4) Any party to an action may object to a judge taking part in the proceedings on any of the grounds listed in paragraph 2 or where the judge is suspected, with good reason, of partiality.
(5) Any difficulty arising as to the application of this Article shall be settled by decision of the Presidium, in accordance with the Rules of Procedure. The judge concerned shall be heard but shall not take part in the deliberations.
ARTICLE 8 Immunity of judges (1) The judges shall be immune from legal proceedings. After they have ceased to hold office, they shall continue to enjoy immunity in respect of acts performed by them in relation to their official capacity.
(2) The Presidium may waive the immunity.
(3) Where immunity has been waived and criminal proceedings are instituted against a judge, that judge shall be tried, in any of the Contracting Member States, only by the court competent to judge the members of the highest national judiciary.
(4) The Protocol on the privileges and immunities of the European Union shall apply to the judges of the Court, without prejudice to the provisions relating to immunity from legal proceedings of judges which are set out in this Statute.
ARTICLE 9 End of duties (1) Apart from replacement after expiry of a judge's term pursuant to Article 4, or death, the duties of a judge shall end when that judge resigns.
(2) Where a judge resigns, the letter of resignation shall be addressed to the President of the Court of Appeal or, in the case of judges of the Court of First Instance, the President of the Court of First Instance for transmission to the Chairman of the Administrative Committee.
(3) Save where Article 10 applies, a judge shall continue to hold office until that judge's successor takes up his or her duties.
(4) Any vacancy shall by filled by the appointment of a new judge for the remainder of his or her predecessor's term.
ARTICLE 10 Removal from office (1) A judge may be deprived of his or her office or of other benefits only if the Presidium decides that that judge no. longer fulfils the requisite conditions or meets the obligations arising from his or her office. The judge concerned shall be heard but shall not take part in the deliberations.
(2) The Registrar of the Court shall communicate this decision to the Chairman of the Administrative Committee.
(3) In the case of a decision depriving a judge of his or her office, a vacancy shall arise upon that notification.
ARTICLE 11 Training (1) Appropriate and regular training of judges shall be provided for within the training framework set up under Article 19 of the Agreement. The Presidium shall adopt Training Regulations ensuring the implementation and overall coherence of the training framework.
(2) The training framework shall provide a platform for the exchange of expertise and a forum for discussion, in particular by: (a) organising courses, conferences, seminars, workshops and symposia;
(b) cooperating with international organizations and education institutes in the field of intellectual property; and (c) promoting and supporting further vocational training.
(3) An annual work programme and training guidelines shall be drawn up, which shall include for each judge an annual training plan identifying that judge's main training needs in accordance with the Training Regulations.
(4) The training framework shall in addition: (a) ensure appropriate training for candidate-judges and newly appointed judges of the Court;
(b) support projects aimed at facilitating cooperation between representatives, patent attorneys and the Court.
SECTION 12 pay The Administrative Committee shall set the remuneration of the President of the Court of Appeal, the President of the Court of First Instance, the judges, the Registrar, the Deputy Registrar and the staff.
CHAPTER II - ORGANISATIONAL PROVISIONS SECTION 1 – COMMON PROVISIONS ARTICLE 13 President of the Court of Appeal (1) The President of the Court of Appeal shall be elected by all judges of the Court of Appeal for a term of three years, from among their number. The President of the Court of Appeal may be re-elected twice.
(2) The elections of the President of the Court of Appeal shall be by secret ballot. A judge obtaining an absolute majority shall be elected. If no. judge obtains an absolute majority, a second ballot shall be held and the judge obtaining the most votes shall be elected.
(3) The President of the Court of Appeal shall direct the judicial activities and the administration of the Court of Appeal and flesh the Court of Appeal sitting as a full Court.
(4) if the office of the President of the Court of Appeal falls vacant before the date of expiry of his or her term, a successor shall be elected for the remainder thereof.
ARTICLE 14 President of the Court of First Instance (1) The President of the Court of First Instance shall be elected by all judges of the Court of First Instance who are full-time judges, for a term of three years, from among their number.
The President of the Court of First Instance may be re-elected twice.
(2) The first President of the Court of First Instance shall be a national of the Contracting Member State hosting the seat of the central division.
(3) The President of the Court of First Instance shall direct the judicial activities and the administration of the Court of First Instance.
(4) article 13 (2) and (4), shall by analogy apply to the President of the Court of First Instance.
ARTICLE 15 Presidium (1) The Presidium shall be composed of the President of the Court of Appeal, who shall act as chairperson, the President of the Court of First Instance, two judges of the Court of Appeal elected from among their number, three judges of the Court of First Instance who are full-time judges of the Court elected from among their number and the Registrar as a non-voting member.
(2) The Presidium shall exercise its duties in accordance with this Statute. It may, without prejudice to its own responsibility, delegate certain tasks to one of its members.
(3) The Presidium shall be responsible for the management of the Court and shall in particular: (a) draw up proposals for the amendment of the Rules of Procedure in accordance with Article 41 of the Agreement and proposals regarding the Financial Regulations of the Court;
(b) prepare the annual budget, the annual accounts and the annual report of the Court and submit them to the Budget Committee;
(c) establish the guidelines for the training program for judges and supervises the implementation thereof;
(d) take decisions on the appointment and removal of the Registrar and the Deputy-Registrar;
(e) lay down the rules governing the Registry including the sub-registries;
(f) give an opinion in accordance with Article 83 (5) of the Agreement.
(4) Decisions of the Presidium referred to in Articles 7, 8, 10 and 22 shall be taken without the participation of the Registrar.
(5) The Presidium can take valid decisions only when all members are present or duly represented. Decisions shall be taken by a majority of the votes.
ARTICLE 16 Staff (1) The officials and other servants of the Court shall have the task of assisting the President of the Court of Appeal, the President of the Court of First Instance, the judges and the Registrar. They shall be responsible to the Registrar, under the authority of the President of the Court of Appeal and the President of the Court of First Instance.
(2) The Administrative Committee shall establish the Staff Regulations of officials and other servants of the Court.
ARTICLE 17 Judicial vacations (1) After consulting the Presidium, the President of the Court of Appeal shall establish the duration of judicial vacations and the rules on observing official holidays.
(2) During the period of judicial vacations, the functions of the President of the Court of Appeal and of the President of the Court of First Instance may be exercised by any judge invited by the respective President to that effect. In cases of urgency, the President of the Court of Appeal may convene the judges.

(3) The President of the Court of Appeal or the President of the Court of First Instance may, in proper circumstances, grant leave of absence to respectively judges of the Court of Appeal or judges of the Court of First Instance.
SECTION 2 - THE COURT OF FIRST INSTANCE ARTICLE 18 Setting up and discontinuance of a local or regional division (1) A request from one or more Contracting Member States for the setting up of a local or regional division shall be addressed to the Chairman of the Administrative Committee. It shall indicate the seat of the local or regional division.
(2) The decision of the Administrative Committee setting up a local or regional division shall indicate the number of judges for the division concerned and shall be public.
(3) The Administrative Committee shall decide dashed to a local or regional division at the request of the Contracting Member State hosting the local division or the Contracting Member States participating in the regional division. The decision dashed to a local or regional division shall state the date after which no. new cases may be brought before the division and the date on which the division will cease to exist.
(4) As from the date on which a local gold regional division ceases to exist, the judges assigned to that local or regional division shall be assigned to the central division, and cases still pending before that local or regional division together with the sub-registry and all of its documentation shall be transferred to the central division.
ARTICLE 19 Panels (1) The allocation of judges and the assignment of cases within a division to its Panel shall be governed by the Rules of Procedure. One judge of the panel shall be designated as the presiding judge, in accordance with the Rules of Procedure.
(2) The panel may delegate, in accordance with the Rules of Procedure, certain functions to one or more of its judges.
(3) A standing judge for each division to hear urgent cases may be designated in accordance with the Rules of Procedure.
(4) In cases where a single judge in accordance with Article 8 (7) of the Agreement, or a standing judge, in accordance with paragraph 3 of this Article, hears a case that judge shall carry out all functions of a panel.
(5) One judge of the panel shall act as Rapporteur, in accordance with the Rules of Procedure.
ARTICLE 20 Pool of Judges (1) A list with the names of the judges included in the Pool of Judges shall be drawn up by the Registrar. In relation to each judge, the list shall at least indicate the linguistic skills, the field of technology and experience of, as well as the cases previously handled by that judge.
(2) A request addressed to the President of the Court of First Instance to assign a judge from the Pool of Judges shall indicate, in particular, the subject matter of the case, the official language of the European Patent Office used by the judges of the panel, the language of the proceedings and the field of technology required.
SECTION 3 - THE COURT OF APPEAL section 21 Panels (1) The allocation of judges and the assignment of cases to panels shall be governed by the Rules of Procedure.
One judge of the panel shall be appointed as the presiding judge, in accordance with the Rules of Procedure.
(2) When a case is of exceptional importance, and in particular when the decision may affect the unity and consistency of the case law of the Court, the Court of Appeal may decide, on the basis of a proposal from the presiding judge, to refer the case to the full Court.
(3) The panel may delegate, in accordance with the Rules of Procedure, certain functions to one or more of its judges.
(4) One judge of the panel shall act as Rapporteur, in accordance with the Rules of Procedure.
SECTION 4 - THE REGISTRY rule 22 Appointment and removal from office of the Registrar (1) The Presidium shall fill the Registrar of the Court for a term of six years. The Registrar may be re-appointed.
(2) Two weeks before the date fixed for appointing the Registrar, the President of the Court of Appeal shall inform the Presidium of the applications which have been submitted for the post.
(3) Before taking up his or her duties, the Registrar shall take oath before the Presidium to perform the duties of the Registrar impartially and conscientiously.
(4) The Registrar may be removed from office only if the Registrar No. longer meets the obligations arising from his or her office. The Presidium shall take its decision after having heard the Registrar.
(5) if the office of the Registrar falls vacant before the date of expiry of the term thereof, the Presidium shall fill a new Registrar for a term of six years.
(6) if the Registrar is absent or prevented from attending or where such post is vacant, the President of the Court of Appeal after having consulted the Presidium shall designate a member of the staff of the Court to carry out the duties of the Registrar.
ARTICLE 23 Duties of the Registrar (1) The Registrar shall assist the Court, the President of the Court of Appeal, the President of the Court of First Instance and the judges in the performance of their functions. The Registrar shall be responsible for the Organization and activities of the Registry under the authority of the President of the Court of Appeal.
(2) The Registrar shall in particular be responsible for: (a) keeping the register which shall include records of all cases before the Court;
(b) keeping and administering lists drawn up in accordance with Articles 18, 48 (3) and 57 (2) of the Agreement;
(c) keeping and publishing a list of notifications and withdrawals of opt-outs in accordance with Article 83 of the Agreement;
(d) publishing the decisions of the Court, subject to the protection of confidential information;
(e) publishing annual reports with statistical data; and (f) ensuring that the information on opt-outs in accordance with Article 83 of the Agreement is notified to the European Patent Office.
ARTICLE 24 Keeping of the register (1) Detailed rules for keeping the register of the Court shall be prescribed in the Rules governing the Registry, adopted by the Presidium.
(2) The rules on access to documents of the Registry shall be provided for in the Rules of Procedure.
ARTICLE 25 Sub-registries and Deputy-Registrar (1) A Deputy-Registrar shall be appointed for a term of six years by the Presidium. The Deputy-Registrar may be re-appointed.
(2) article 22 (2) to (6) shall apply by analogy.
(3) The Deputy-Registrar shall be responsible for the Organization and activities of sub-registries under the authority of the Registrar and the President of the Court of First Instance.
The duties of the Deputy-Registrar shall in particular include: (a) keeping records of all cases before the Court of First Instance;
(b) notifying every case before the Court of First Instance to the Registry.
(4) The Deputy-Registrar shall also provide administrative and secretarial support to the divisions of the Court of First Instance.
CHAPTER III - FINANCIAL PROVISIONS ARTICLE 26 Budget (1) The budget shall be adopted by the Budget Committee on a proposal from the Presidium. It shall be drawn up in accordance with the generally accepted accounting principles laid down in the Financial Regulations, established in accordance with Article 33.
(2) Within the budget, the Presidium may, in accordance with the Financial Regulations, transfer funds between the various headings or subheadings.
(3) The Registrar shall be responsible for the implementation of the budget in accordance with the Financial Regulations.
(4) The Registrar shall annually make a statement on the accounts of the preceding financial year relating to the implementation of the budget which shall be approved by the Presidium.
ARTICLE 27 authorization for expenditure (1) The expenditure entered in the budget shall be authorised for the duration of one accounting period unless the Financial Regulations provide otherwise.
(2) In accordance with the Financial Regulations, any appropriations, other than those relating to staff costs, which are unexpended at the end of the accounting period may be carried forward, but not beyond the end of the following accounting period.
(3) appropriations shall be set out under different headings according to type and purpose of the expenditure, and subdivided, to the extent necessary, in accordance with the Financial Regulations.
ARTICLE 28 Appropriations for unforeseeable expenditure (1) The budget of the Court may include appropriations for unforeseeable expenditure.
(2) The employment of these appropriations by the Court shall be subject to the prior approval of the Budget Committee.
ARTICLE 29 Accounting period The accounting period shall begin on 1 January and end on 31 December.
ARTICLE 30 Preparation of the budget The Presidium shall submit the draft budget of the Court to the Budget Committee No. later than the date prescribed in the Financial Regulations.
ARTICLE 31 Provisional budget (1) If, at the beginning of the accounting period, the budget has not been adopted by the Budget Committee, expenditure may be effected on a monthly basis per heading or other division of the budget, in accordance with the Financial Regulations, up to one-twelfth of the budget appropriations for the preceding accounting period, provided that the appropriations thus made available to the Presidium do not exceed one-twelfth of those provided for in the draft budget.
(2) The Budget Committee may, subject to the observance of the other provisions laid down in paragraph 1, authorise expenditure in excess of one-twelfth of the budget appropriations for the preceding accounting period.
ARTICLE 32 Auditing of accounts (1) The annual financial statements of the Court shall be examined by independent auditors. The auditors shall be appointed and if necessary dismissed by the Budget Committee.

(2) The audit, which shall be based on professional auditing standards and shall take place, if necessary, in-situ, shall ascertain that the budget has been implemented in a lawful and proper manner and that the financial administration of the Court has been conducted in accordance with the principles of economy and sound financial management. The auditors shall draw up a report after the end of each accounting period containing a signed audit opinion.
(3) The Presidium shall submit to the Budget Committee the annual financial statements of the Court and the annual budget implementation statement for the preceding accounting period, together with the auditors' report.
(4) The Budget Committee shall approve the annual accounts together with the auditors' report and shall discharge the Presidium in respect of the implementation of the budget.
SECTION 33 Financial Regulations (1) The Financial Regulations shall be adopted by the Administrative Committee.
They shall be amended by the Administrative Committee on a proposal from the Court.
(2) The Financial Regulations shall lay down in particular: (a) arrangements relating to the establishment and implementation of the budget and for the rendering and auditing of accounts;
(b) the method and procedure whereby the payments and contributions, including the initial financial contributions provided for in Article 37 of the Agreement are to be made available to the Court;
(c) the rules concerning the responsibilities of authorising and accounting officers and the arrangements for their supervision;
and (d) the generally accepted accounting principles on which the budget and the annual financial statements are to be based.
CHAPTER IV - PROCEDURAL PROVISIONS ARTICLE 34 Secrecy of deliberations The deliberations of the Court shall be and shall remain secret.
ARTICLE 35 Decisions (1) When a panel sits in composition of an even number of judges, decisions of the Court shall be taken by a majority of the panel. In case of equal voting, the vote of the presiding judge shall prevail.
(2) In the event of one of the judges of a panel being prevented from attending, a judge from another panel may be called upon to sit in accordance with the Rules of Procedure.
(3) In cases where this Statute provides that the Court of Appeal shall take a decision sitting as a full court, such decision shall be valid only if it is taken by at least 3/4 of the judges comprising the short full.
(4) Decisions of the Court shall contain the names of the judges deciding the case.
(5) Decisions shall be signed by the judges deciding the case, by the Registrar for decisions of the Court of Appeal, and by the Deputy-Registrar for decisions of the Court of First Instance. They shall be read in open court.
ARTICLE 36 Dissenting opinions A dissenting opinion expressed separately by a judge of a panel in accordance with Article 78 of the Agreement shall be reasoned, given in writing and shall be signed by the judge expressing this opinion.
ARTICLE 37 Decision by default (1) At the request of a party to an action, a decision by default may be given in accordance with the Rules of Procedure, where the other party, after having been served with a document instituting proceedings or with an equivalent document, fails to file written submissions in defence or fails to appear at the oral hearing. An objection may be lodged against that decision within one month of it being notified to the party against which the default decision has been given.
(2) The objection shall not have the effect of staying enforcement of the decision by default unless the Court decides otherwise.
ARTICLE 38 Questions referred to the Court of Justice of the European Union (1) The procedures established by the Court of Justice of the European Union for referrals for preliminary rulings within the European Union shall apply.
(2) Whenever the Court of First Instance or the Court of Appeal has decided to refer to the Court of Justice of the European Union a question of interpretation of the Treaty on European Union or of the Treaty on the Functioning of the European Union or a question on the validity or interpretation of acts of the institutions of the European Union it shall stay its proceedings.

ANNEX II Distribution of cases within the central division (15) LONDON Section PARIS Seat MUNICH Section President's Office (A) Human necessities (B) Performing operations, transporting (F) Mechanical engineering, lighting, heating, weapons, blasting (C) Chemistry, metallurgy (D) Textiles, paper (E) Fixed constructions (G) Physics (H) Electricity _ Footnotes (1) Regulation (EU) No. 1257/2012 of the European Parliament and of the Council of 17 december 2012 implementing enhanced cooperation in the area of the establishment of unitary patent protection (OJEU L 361 (, 31.12.2012, p. 1) including any subsequent amendments.
(2) Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJEU L 351, 20.12.2012, p. 1) including any subsequent amendments.
(3) Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products, (OJEU L 152, 16.6.2009, p. 1) including any subsequent amendments.
(4) Regulation (EC) No. 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary certificate for plant protection products, (OJEC L 198, 8.8.1996, p. 30) including any subsequent amendments.
(5) Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJEU L 177, 4.7.2008, p. 6) including any subsequent amendments.
(6) Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (OJEU L 199, 31.7.2007, p. 40) including any subsequent amendments.
(7) Council Regulation (EU) No. 1260/2012 of 17 december 2012 implementing enhanced cooperation in the area of the establishment of unitary patent protection with regard to the applicable translation arrangements (OJEU L 361, 31.12.2012, p. 89) including any subsequent amendments.
(8) directive 2001/82 / EC of the European Parliament and of the Council of 6 november 2001 on the Community code relating to veterinary medicinal products (OJEC L 311, 28.11.2001, p. 1) including any subsequent amendments.
(9) directive 2001/83 / EC of the European Parliament and of the Council of 6 november 2001 on the Community code relating to medicinal products for human use (OJEC L 311, 28.11.2001, p. 67) including any subsequent amendments.
(10) international Civil Aviation Organization (ICAO), 'Chicago Convention', Document 7300/9 (9th edition, 2006).
(11) Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJEC L 227, 1.9.1994, p. 1) including any subsequent amendments.
(12) directive 2009/24 / EC of the European Parliament and of the Council of 23 april 2009 on the legal protection of computer programs (OJEU L 111, 05/05/2009, p. 16) including any subsequent amendments.
(13) directive 98/44 / EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions (OJEC L 213, 30.7.1998, p. 13) including any subsequent amendments.
(14) convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, done at Lugano on 30 October 2007, including any subsequent amendments.
(15) The classification into 8 sections (A to H) is based on the International Patent Classification of the World Intellectual Property Organization (http :// www.wipo.int/classifications/ipc/en).

LISTE DES ETATS
LIES
Etats Date authentification Type de consentement Date
de consentement Entrée en vigueur locale
Autriche 19-02-2013 ratification
06-08-2013
Belgique 19-02-2013 ratification 06-06-2014
Bulgarie
19-02-2013 ratification
 
 
Chypre 19-02-2013 ratification
 
 
République
tchèque 19-02-2013 ratification
 
 
Allemagne 19-02-2013 ratification

 
 
Danemark 19-02-2013 ratification 20-06-2014
Estonie
19-02-2013 ratification
 
 
France 19-02-2013 ratification 14-03-2014

Royaume-Uni 19-02-2013 ratification
 
 
Grèce 19-02-2013
ratification
 
 
Hongrie 19-02-2013 ratification
 
 
Italie
19-02-2013 ratification
 
 
Irlande 19-02-2013 ratification
 
 
Lituanie
19-02-2013 ratification
 
 
Luxembourg 19-02-2013 ratification

 
 
Lettonie 19-02-2013 ratification
 
 
Malte 19-02-2013
ratification
 
 
Pays-Bas 19-02-2013 ratification
 
 
Portugal
19-02-2013 ratification Romania 19-02-2013 ratification Sweden 19-02-2013 ratification 05-06-2014 Finland 19-02-2013 ratification Slovenia 19-02-2013 ratification Slovakia 19-02-2013 ratification