Article 74

Effects of an appeal

Agreement On A Unified Patent Court

Part 3 – Organisation and Procedural Provisions

Chapter 5 – Appeals

Article 74 – Effects of an appeal
  1. An appeal shall not have suspensive effect unless the Court of Appeal decides otherwise at the motivated request of one of the parties. The Rules of Procedure shall guarantee that such a decision is taken without delay.
  2. Notwithstanding paragraph 1, an appeal against a decision on actions or counterclaims for revocation and on actions based on Article 32(1)(i) shall always have suspensive effect.
  3. An appeal against an order referred to in Articles 49(5), 59 to 62 or 67 shall not prevent the continuation of the main proceedings . However, the Court of First Instance shall not give a decision in the main proceedings before the decision of the Court of Appeal concerning an appealed order has been given.

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Rule 223 – Application for suspensive effect