tag:blogger.com,1999:blog-5574479.post4229910181778278244..comments2024-03-19T13:13:18.609+00:00Comments on The IPKat: BREAKING (ish): 16th Draft UPC Rules of Procedure out now!Verónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-16070406267261658332014-03-09T13:16:59.426+00:002014-03-09T13:16:59.426+00:00Together with the 16th draft of the rules of proce...Together with the 16th draft of the rules of procedure comes the 7th draft proposal for European Patent Litigation Certificate and other appropriate qualifications ! <br /><br />see https://t.co/U7rpeXLLSo<br /><br />enjoy!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-79351888053474116692014-03-07T16:52:35.605+00:002014-03-07T16:52:35.605+00:00You assume that the UPC court is going to have &qu...You assume that the UPC court is going to have "some brain". Er, not so sure about that one. Just a quick scan at the quality of the patent decisions coming out of local courts across Europe tells you all you need to know about how variable the decisions are going to be from the various divisions of the UPC. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-31504485629062843402014-03-07T15:40:31.061+00:002014-03-07T15:40:31.061+00:00The Change to Rule 213 wasn't necessary becaus...The Change to Rule 213 wasn't necessary because any Court that has some brain (i.e. which is not in the US) will of course automatically consider if its decision causes potential harm. So what's the fuzz anyway!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-33228652268211795182014-03-07T11:53:37.974+00:002014-03-07T11:53:37.974+00:00"In taking its decision, the Court shall in t..."In taking its decision, the Court shall in the exercise of its discretion weigh up the interests of the parties and, in particular, take into account the potential harm for either of the parties resulting from the granting or the refusal of the injunction."<br /><br />...so nothing about third parties then. <br /><br />Similarly, Rule 213 (2) has nothing about compensating third parties if the injunction turns out to be wrongly granted. <br /><br />Thus, if we go in the UPC and you get an injunction (pan-European) then you don't have to worry about the tricky issues presented by mechanisms such as Para 5.1A of the Practice Direction to CPD Part 25 (that you would have otherwise had to worry about in England & Wales at least).<br /><br />Who was it who drafted these rules....?Anonymousnoreply@blogger.com