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UPC CoA 347/2025

Apr 15, 2025

Case details
Status
Case Closed
Action
Generic
Category
Main Appeal
Parties
Division
Court of Appeal
Language
English
First decided
Jul 24, 2025
Decisions
  • 2025-07-24
    DismissedRegistrar reviewPetition for review of Registrar's decision

    The President of the Court of Appeal dismissed the petition for review of the Registrar's decision refusing to enter the anonymised applicant (Italian patent attorney) on the UPC representative list. The applicant held a CEIPI diploma obtained 28 January 2022 (before CEIPI accreditation) and filed on 21 February 2025, after the 3 June 2024 deadline under Rule 12.1 EPLC Rules. Health-related circumstances (sick leave from April 2024 to January 2025 following an accident) did not justify re-establishment of rights, as the applicant had not demonstrated inability to file despite assistance being available. The one-year Rule 12.1 transitional period was found not to violate principles of equality and proportionality.

    Legal issues:UPC representative qualification requirements (Art. 48(2) UPCA)EPLC Rules Rule 12.1 one-year transitional periodProportionality and equality of transitional periodRe-establishment of rights for missed deadline due to health circumstances
Documents
Document titleDatePublic
action.phaseChange.caseClose2025-11-11Not public
Decision2025-11-11Public
Decision2025-11-11Public
Decision-following-Petition-to-review-Registrar-s-Decision2025-07-24Not public
order2025-07-24Not public
DecisionFinalOrder 18313-20252025-05-07Not public
Petition-For-Review-Of-Registrar-s-Decision-Receipt2025-04-15Not public
Medical certificates2025-04-15Not public
CEIPI course program2025-04-15Not public
Petition for review2025-04-15Not public