SONN Patentanwälte – IP Attorneys

1. UPC: First referral to the CJEU on the jurisdiction and liability of authorised representatives

   In this landmark request for a preliminary ruling, the Court of Appeal of the Unified Patent Court is dealing for the first time with fundamental questions concerning the jurisdiction and liability of authorised representatives under the Product Safety Regulation. The Court of Appeal referred questions...

2. UPC Local Division: Representation

   If the court determines that a party's representative cannot effectively represent them and grants the party a period of time to appoint a new representative, it may require that the appointment be accompanied by a statement from the new representative approving the actions taken by the improperly...

3. UPC Court of Appeal: Representation

   Lawyers and patent attorneys are not exempt from the duty to represent when they are themselves a party in proceedings before the UPC. The duty to represent is an admissibility requirement that affects fundamental questions of public order and can be examined by the court at any time, including ex...

4. UPC Court of Appeal: Representation

   Before the UPC, neither a legal representative of a legal entity nor any other natural person who has extensive administrative and financial powers within that legal entity - whether as a result of holding a senior management or administrative position or of owning a significant share in the legal...

5. Change of representative is no reasoning for late-filed amendments

   A change of representative cannot regularly be recognized as a reasoning for amendments to the party's appeal case being filed after notification of the summons to oral proceedings. To accept such an reasoning would leave the door open for a change of representative to be purposively made in order...