Principles

Cases

The CMS is a mechanism for managing workflows which convey documents to the appropriate parties
Case-related meaningful information is not sent outside of the system: notifications containing a link to the CMS are sent by email to relevant parties

Documents

Representatives draft documents for their pleadings, applications, and requests
As part of the process of lodging their pleadings and applications, they are asked to enter details in the CMS forms
In case of discrepancy the information contained in the documents lodged will be considered valid
Data and documents are stored in the CMS - if they are not in the CMS, they are not legally valid

Data collection

Data entry is requested only:

For details required by the Rules of Procedure
When needed by the system to proceed in the workflow
For data needed for statistical purposes

Constraints

The CMS should not constrain the user:

The control of the system over the operations of the user is limited to the flow of steps and stages in the legal procedure
The CMS alerts users to expiring time limits and specific situations, such as a patent being the subject of an Application to opt out
The CMS will not prevent the user from proceeding - it is up to the judge to decide if information is admissible

Other

Appeal RoP220.1

The Statement of Appeal must be lodged within the two months of service of either a final decision of the Court of First Instance or any decisions terminating one party’s proceedings (RoP220 (a) or (b)) pursuant to RoP 224(a).

The judge may invite the party to comment with a decision being issued within 3 weeks of receipt of the Statement of Appeal by the Registry and appeals against separate decisions relating to infringement and validity may be heard at the same time.

Note that this appeal scenario is based on the language of proceedings at the Court of First Instance being selected and preliminary examination resulting in the Statement of grounds of appeal complying with RoP226.

Introduction to the UPC CMS

The Case Management System is the core collaboration platform for performing the judicial tasks of the UPC. It is the official channel to access the Court and to perform activities with legal validity, and it provides the technical environment for interactions of the UPC staff as well as between the UPC internal and external users.

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