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The UPC Rules

20 January 2022 | Europe
Legal Briefings


In April 2017, the UPC Preparatory Committee released an updated version of the 18th draft of the UPC Rules of Procedure (with the amendments being dated 15 March 2017). There has been no further update since then. The UPC Preparatory Committee site states 

"The latest version of the draft Rules of Procedure can be found here. This draft is yet to come under scrutiny by the European Commission on the compatibility of the Rules of Procedure with Union law and will be subject to formal adoption by the UPC Administrative Committee (date of this meeting yet to be confirmed) during Provisional Application". 

Now that the UPC Agreement provisional application period has come into effect (see here for details) the UPC Rules of Procedure can be confirmed by the Commission and formally adopted by the UPC Administrative Committee (which itself could not be established until the provisional application period had commenced).

The UPC Preparatory Committee has also already published its Rules on Court fees and recoverable costs (here) along with Guidelines for the determination of value–based Court fees and the ceiling of recoverable costs of the successful party (here).  See our e-bulletin for commentary on these Rules and Guidance and the Costs and Fees section of our UPC and UP hub.

For more on the UPC and unitary patent see our series of feature articles published in PLC Magazine's March and April editions 2022 and shared in pdf form on our IP blog here.


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