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16 ERA F. 1 (2015)

handle is hein.journals/erafrum16 and id is 1 raw text is: 

ERA Forum (2015) 16:1-6
DOI 10.1007/s12027-015-0378-z                                             CossMark
[I )  tARIAL



Judicial   training in the framework of the Unified Patent
Court as a prerequisite for the success of the Unitary
Patent System


Florence  Hartmann-Vareilles1



                                                                       E RA
                                                                    EUEOPAIECHE RECHTEAKADEMIE
Published online: 18 June 2015
© ERA 2015                                                           TRIER-TREVES




The  Unified Patent Court (UPC), which  is to be created on the basis of an interna-
tional agreement-the   Agreement  on a Unified Patent Court (AUPC)'-will bring
about profound changes  to the European patent litigation landscape when that Agree-
ment is ratified.2
   As  the first specialised court common to almost  all European Union  Member
States, and hearing patent cases across the European Union in multinational panels,
the Unified Patent Court will have unique European procedures, drawing on the best
practices of existing national systems and creating innovative rules aimed at allowing
effective and rapid oral hearings within a period of one year.
   The success of the Unitary Patent System-which  is expected to begin functioning
according to optimistic predictions in 2015 and according to realistic expectations in
2016-depends to   a major extent on the quality and celerity of decisions which will
be adopted by the legally and technically qualified judges who are appointed. Patent
users have to be able to rely on a system which brings enough  legal certainty and
rapidity. A lack of confidence in the Unified Patent Court will jeopardise the entire
structure. During a transitional period of seven years from the entry into force of the
AUPC,   patent owners of a European  patent (without unitary effect), will have the

1Agreement on a Unified Patent Court, (2013/C 175/01), 20.6.2013, OJEU 175/1.
2For more details on the Unified Patent Court, see the Editorial written by the same author in ERA
Forum 2014 (Volume 15, Number 2), pp. 160-168. For information on the ratification process, click
on the following link: http://ec.europa.eu/growth/industry/intellectual-property/industrial-property/patent/
ratification/index en.htm.

[   Head of Section - European Business Law, E Hartmann-Vareilles, avocate (FR)
    fhartmann @era.nt
1   Metzer Allee 4, 54295 Trier, Germany


,Springer