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Published byGabriella Shepherd Modified over 9 years ago
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UPC STRUCTURE & JUDICIAL COMPOSITION CFI, Divisions & Court of Appeal including composition of the panels 1
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UPC STRUCTURE 2 Central Division Local/Regional Divisions Court of First Instance London IPC A, C (life sciences ) Paris IPC B, D, E, G, H (telecoms etc) Munich IPC F (engineering) Court of Appeal (Luxembourg)
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CFI: WHAT EACH DIVISION DOES 3 Local/Regional Divisions Central Division where infringement occurred or where defendant is based infringement + counterclaim counterclaim infringement counterclaims for revocation free-standing validity negative declaratory judgment / declaration of non-infringement
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UPC STRUCTURE 4 Central Division Local/Regional Divisions Court of First Instance London IPC A, C (life sciences ) Paris IPC B, D, E, G, H (telecoms etc) Munich IPC F (engineering) Court of Appeal (Luxembourg)
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UPC PROCEEDINGS Can the Court of Appeal suspend an injunction granted by a division of the UPC? What is the timing? 5
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UPC PROCEEDINGS Appeal proceedings: are they de novo or review proceedings? 6
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UPC REMEDIES Will a finding of patent infringement always be followed by an injunction or is there a type of e-Bay rule? 7
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UPC REMEDIES Will it be easy to obtain preliminary injunctions? How important is the balance of convenience? 8
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UPC OPT-OUT & TRANSITIONAL PERIOD Should you opt out? 9
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