Agreement – Table of contents

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Agreement On A Unified Patent Court

Part 1 – General and institutional provisions

Chapter 1 – General provisions

• Article 1 – A Unified Patent Court
• Article 2 – Definitions
• Article 3 – Scope of application
• Article 4 – Legal status
• Article 5 – Liability

Chapter 2 – Institutional provisions

• Article 6 – The Court
• Article 7 – The Court of First Instance
• Article 8 – Composition of the panels of the Court of First Instance
• Article 9 – The Court of Appeal
• Article 10 – The Registry
• Article 11 – Committees
• Article 12 – The Administrative Committee
• Article 13 – The Budget Committee
• Article 14 – The Advisory Committee

Chapter 3 – Judges of the Court

• Article 15 – Eligibility criteria for the appointment of judges
• Article 16 – Appointment procedure
• Article 17 – Judicial independence and impartiality
• Article 18 – Pool of Judges
• Article 19 – Training framework

Chapter 4 – The Primacy of Union Law, Liability and Responsibility of the Contracting Member States

• Article 20 – Primacy of and respect for Union law
• Article 21 – Requests for preliminary rulings
• Article 22 – Liability for damage caused by infringements of Union law
• Article 23 – Responsibility of the Contracting Member States

Chapter 5 – Sources of Law and Substantive Law

• Article 24 – Sources of law
• Article 25 – Right to prevent the direct use of the invention
• Article 26 – Right to prevent the indirect use of the invention
• Article 27 – Limitations of the effects of a patent
• Article 28 – Right based on prior use of the invention
• Article 29 – Exhaustion of the rights conferred by a European patent
• Article 30 – Effects of supplementary protection certificates

Chapter 6 – International Jurisdiction and Competence

• Article 31 – International jurisdiction
• Article 32 – Competence of the Court
• Article 33 – Competence of the divisions of the Court of First Instance
• Article 34 – Territorial scope of decisions

Chapter 7 – Patent Mediation And Arbitration

• Article 35 – Patent mediation and arbitration centre

Part 2 – Financial Provisions

• Article 36 – Budget of the Court
• Article 37 – Financing of the Court
• Article 38 – Financing of the training framework for judges
• Article 39 – Financing of the Centre

Part 3 – Organisation and Procedural Provisions

Chapter 1 – General Provisions

• Article 40 – Statute
• Article 41 – Rules of Procedure
• Article 42 – Proportionality and fairness
• Article 43 – Case management
• Article 44 – Electronic procedures
• Article 45 – Public proceedings
• Article 46 – Legal capacity
• Article 47 – Parties
• Article 48 – Representation

Chapter 2 – Language of Proceedings

• Article 49 – Language of proceedings at the Court of First Instance
• Article 50 – Language of proceedings at the Court of Appeal
• Article 51 – Other language arrangements

Chapter 3 – Proceedings Before The Court

• Article 52 – Written, interim and oral procedures
• Article 53 – Means of evidence
• Article 54 – Burden of proof
• Article 55 – Reversal of burden of proof

Chapter 4 – Powers Of The Court

• Article 56 – The general powers of the Court
• Article 57 – Court experts
• Article 58 – Protection of confidential information
• Article 59 – Order to produce evidence
• Article 60 – Order to preserve evidence and to inspect premises
• Article 61 – Freezing orders
• Article 62 – Provisional and protective measures
• Article 63 – Permanent injunction
• Article 64 – Corrective measures in infringement proceedings
• Article 65 – Decision on the validity of a patent
• Article 66 – Powers of the Court concerning decisions of the European Patent Office
• Article 67 – Power to order the communication of information
• Article 68 – Award of damages
• Article 69 – Legal costs
• Article 70 – Court fees
• Article 71 – Legal aid
• Article 72 – Period of limitation

Chapter 5 – Appeals

• Article 73 – Appeal
• Article 74 – Effects of an appeal
• Article 75 – Decision on appeal and referral back

Chapter 6 – Decisions

• Article 76 – Basis for decisions and right to be heard
• Article 77 – Formal requirements
• Article 78 – Decisions of the Court and dissenting opinions
• Article 79 – Settlement
• Article 80 – Publication of decisions
• Article 81 – Rehearing
• Article 82 – Enforcement of decisions and orders

Part 4 – Transitional Provisions

• Article 83 – Transitional regime

Part 5 – Final Provisions

• Article 84 – Signature, ratification and accession
• Article 85 – Functions of the depositary
• Article 86 – Duration of the Agreement
• Article 87 – Revision
• Article 88 – Language of the Agreement
• Article 89 – Entry into force

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Annex I – The Statute

• Article 1 – Scope of the Statute

Chapter 1 – Judges

• Article 2 – Eligibility of judges
• Article 3 – Appointment of judges
• Article 4 – Judges’ term of office
• Article 5 – Appointment of the members of the Advisory Committee
• Article 6 – Oath
• Article 7 – Impartiality
• Article 8 – Immunity of judges
• Article 9 – End of duties
• Article 10 – Removal from office
• Article 11 – Training
• Article 12 – Remuneration

Chapter 2 – Organisational Provisions

Section 1 – Common Provisions

• Article 13 – President of the Court of Appeal
• Article 14 – President of the Court of First Instance
• Article 15 – Presidium
• Article 16 – Staff
• Article 17 – Judicial vacations

Section 2 – The Court Of First Instance

• Article 18 – Setting up and discontinuance of a local or regional division
• Article 19 – Panels
• Article 20 – Pool of Judges

Section 3 – The Court Of Appeal

• Article 21 – Panels

Section 4 – The Registry

• Article 22 – Appointment and removal from office of the Registrar
• Article 23 – Duties of the Registrar
• Article 24 – Keeping of the register
• Article 25 – Sub-registries and Deputy-Registrar

Chapter 3 – Financial Provisions

• Article 26 – Budget
• Article 27 – Authorisation for expenditure
• Article 28 – Appropriations for unforeseeable expenditure
• Article 29 – Accounting Period
• Article 30 – Preparation of the budget
• Article 31 – Provisional Budget
• Article 32 – Auditing of accounts
• Article 33 – Financial Regulations

Chapter 4 – Procedural Provisions

• Article 34 – Secrecy of deliberations
• Article 35 – Decisions
• Article 36 – Dissenting opinions
• Article 37 – Decision by default
• Article 38 – Questions referred to the Court of Justice of the European Union

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Annex II – Division of cases within the central division