EPLC - Nullification Module

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Prepare for the unitary patent and the Unified Patent Court

In conjunction with Maastricht University, the Stichting Beroepsopleiding Octrooigemachtigden (foundation for training patent attorneys) (SBO) is offering an EPLC nullification module.

Background/motivation

On the first of june the Unified Patent Court (UPC) will come into force. To join the UPC, you have to register with the UPC Registrar as a representative. For European patent attorneys, this requires the European Patent Litigation Certificate (EPLC).

For current patent attorneys who have successfully completed their training according to the Rules on the EPLC and other appropriate qualifications (Rule 12) but who do not have an EPLC, there is a transitional arrangement. They can still register using their training certificates, such as SBO certificates, for up to a year after the UPC comes into force.

Accordingly, in collaboration with Maastricht University, the SBO is offering an EPLC nullification module. Gaining knowledge and skills in this area is important because direct nullification actions may become a serious alternative to EPO oppositions.

If you want to take part in a full EPLC training programme, aiming to obtain the EPLC certificate, you could consider the course that Maastricht University is offering https://patentlitigationcertificate.eu/.

Who is it for?

This course is for patent attorneys both in and outside of the Netherlands who can register with the UPC Registrar as a UPC representative (e.g. SBO alumni), based on a successfully completed training programme according to the Rules on the EPLC and other appropriate qualifications (Rule 12) . Any other interested parties are also welcome.

Course leaders

  • Marc van der Burg Technical Counselor RVO/Octrooicentrum Nederland, The Hague
  • Dick van Engelen Patent litigator, Partner, Ventoux, Utrecht, Professor of Intellectual Property Litigation and Transaction Practice, Advanced Master Intellectual Property Law and Knowledge Management, Maastricht University
  • Anselm Kamperman Sanders Professor of Intellectual Property Law, Director, Advanced Master Intellectual Property Law and Knowledge Management, Maastricht University; Deputy-judge, Court of Appeal, The Hague
  • Guno Tjon Patent and Agreement Director, Unilever, The Hague

Course Design

12 June 2023 Kick-off: theory discussion

Trainers:
- Peter Blok Judge, Court of Appeal, The Hague, Professor of Intellectual property Law, Utrecht  University
- The four course leaders (aforementioned)

Location:
CPO, Grotius Building, Radboud University Nijmegen

Individual study: preparation of mock trials
Case study with targeted questions
Online preparation meeting for each group
Case study development to be submitted

4 and 5 September 2023 reflection on theory and practice: mock trials 
Course on direct revocation actions at the UPC

Trainers:
- The four course leaders (aforementioned)

Judges:

Ms. Kai Härmand
Legally Qualified Judge, Nordic-Baltic Regional Division (EE, LT, LV, SE), Civil judge first instance Harju County Court, Talinn, Estonia

Ms. Elisabetta Papa
Technically Qualified Judge, European Patent and Design Attorney, Italy

Location:
-
Bergse Bossen Driebergen
- Option of pre-accommodation at own expense

Next step

If there is sufficient interest, the SBO will consider offering an EPLC infringement module. Interest in this will be gauged separately.