Court Of Appeal, February 8, 2024, Order On Representation For File Inspection, UPC_CoA_404/2023

BP
Bardehle Pagenberg
Contributor
BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
A member of the public who requests access to the Register pursuant to R.262.1(b) RoP is a "Party" pursuant to R.8.1 RoP and, thus, must be represented before the UPC by an authorised representative (pursuant to Art. 48 UPCA)
Germany Litigation, Mediation & Arbitration
To print this article, all you need is to be registered or login on Mondaq.com.

Key takeaways

File inspection requires representation by an authorised representative.

A member of the public who requests access to the Register pursuant to R.262.1(b) RoP is a "Party" pursuant to R.8.1 RoP and, thus, must be represented before the UPC by an authorised representative (pursuant to Art. 48 UPCA). This is meaningful, because such request must be reasoned and there is an adversarial phase where the judge-rapporteur consults the parties about the request.

In the absence of a representative, the Court of Appeal has allowed the member of the public a time period to remedy this deficit.

Division

Court of Appeal

UPC number

UPC_CoA_404/2023

Type of proceedings

Appeal proceedings

Parties

Ocado Innovation Limited

Autostore AS et al

Body of legislation / Rules

Rule 8.1 RoP, Rule 262.1(b) RoP, Art. 47 UPCA, Art. 48 UPCA

Download: 2024-02-08-CoA-UPC_CoA_404-2023-App_584498-2023-redacted

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Court Of Appeal, February 8, 2024, Order On Representation For File Inspection, UPC_CoA_404/2023

Germany Litigation, Mediation & Arbitration
Contributor
BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More