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Wednesday, November 08, 2006

EPLA: European Patent Judges Agree on Draft Rules for a EU Patent Court.

Mr. Nikki Tait on FT.com:

"[...] The way patent disputes are resolved could be radically reshaped by plans drawn up by senior judges.

The proposed rules would cover a new unified European Patent Court and impose strict time-limits on litigating parties. The aim would be to resolve disputes - including any appeal - within two years.

The court would consider evidence and arguments supporting the merits of a dispute mostly on paper. Oral hearings would generally be restricted to as little as one day. [...]"

See also

this posting on IPEG.

The text of the Second Venice Resolution is available

here.

I am very much in doubt as to whether it really is a good idea to impose ultra-short deadlines on the proceedings. The more pressure is exerted on the parties and their representatives, the more money will have to be spent in early stages of the proceedings in order to make sure that no option is left out. If the Rules of Procedure are tailored more liberal, the parties are free to concentrate at the beginning on those aspects they consider most relevant, knowing that they still can file other observations later on. If the case can be decided on the basis of such essential key facts, no money was wasted in dealing with some more far-fetched aspects of the case.

On the other hand it does not come as a surprise that exactly a council of judges makes such a proposal as conferred with the Second Venice Resolution. It is entirely to the benefit of the courts if harsh Rules of Procedure can be enforced. Would it be also an advantage for potential parties to the proceedings and for the general public?

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