Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement
Part 1 – Procedures before the Court of First Instance
Section 1 – Infringement action
Action Referred to the Central Division Under Article 33(3)(c) of the Agreement
Rule 41 – Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement
When an action is referred to the central division under Article 33(3)(c) of the Agreement, it shall be dealt with as follows:
(a) Rule 17.2 and .3 shall apply mutatis mutandis. The parties may request that the action be heard by a single judge;
(b) Rule 18 shall apply mutatis mutandis: the presiding judge of the panel to which the action has been assigned shall designate one judge of the panel as judge-rapporteur;
(c) dates already set under Rule 28 shall be confirmed wherever possible;
(d) Rule 39 shall apply mutatis mutandis: the judge-rapporteur may order that the parties lodge a translation in the language in which the patent was granted of any written pleadings lodged during the written procedure; where appropriate, the judge-rapporteur may specify in his order that only excerpts of parties’ written pleadings and other documents shall be translated. Otherwise the pleadings lodged during the written procedure shall stand;
(e) The judge-rapporteur shall give any further directions necessary for the future conduct of the written procedure before the central division.
Relation with Agreement:
Relation with Statute:
Linking to this rule: