European Patent Litigation Certificate (EPLC) EPLAW/AIPLA Meeting Munich, June 12, 2015 Thierry Calame.

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European Patent Litigation Certificate (EPLC) EPLAW/AIPLA Meeting Munich, June 12, 2015 Thierry Calame

Genève Zürich Lausanne Excellence in Business Law / 2 Representation before the UPC (Art. 48) Either lawyers authorised to practice before a court of a contracting member state Or European Patent Attorneys who have appropriate qualifications such as an EPLC Rule 286: defines lawyer by reference to Directive 98/5/EC which lists professional titles of lawyers in all EU member states (patent attorneys are not considered lawyers even if they have right of representation before national courts)

Genève Zürich Lausanne Excellence in Business Law / 3 Public consultation on EPLC Preparatory committee published draft Rules on EPLC and explanatory memorandum on 13 June 2014 UPC accredits courses leading to Certificate (Rules on Certificate) Other appropriate qualifications (law degrees, grandfathering proposals) Public consultation closed on 25 July 2014 Associations representing lawyers and European Patent Attorneys commented

Genève Zürich Lausanne Excellence in Business Law / 4 Public consultation on EPLC (2) Everyone agrees UPC needs experienced professional representation to put new system into practice many UPC judges will be inexperienced Lawyers (CCBE) say: Detailed knowledge of legal issues required Same level of legal qualification required from both lawyers and European Patent Attorneys Scope and duration of Courses insufficient Grandfathering proposals too generous

Genève Zürich Lausanne Excellence in Business Law / 5 Public consultation on EPLC (3) Patent Attorneys (EPLIT) say: Higher standard is required from European Patent Attorneys resulting in discrimination Scope and duration of Courses overly stringent Grandfathering proposals not sufficiently generous

Genève Zürich Lausanne Excellence in Business Law / 6 Current status 9th meeting of Preparatory Committee (5th of May) "broad agreement on the substantive text on the Rules of EPLC" "it is expected the Committee will able to close its deliberation on this subject by written procedure" delay due to outstanding issues Grandfathering proposals Which institutions can be accredited to give courses for obtaining EPLC?