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ARTICLE · 12 MARCH 2025

CD Paris, March 03, 2025, Order, UPC_CFI_164/2024

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

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A UPC representative with extensive administrative and financial powers within a legal entity cannot validly represent that entity before the UPC.

FranceIntellectual Property

Key takeaways

Representation (Art. 48(1) or (2) UPCA)

A UPC representative with extensive administrative and financial powers within a legal entity cannot validly represent that entity before the UPC.

The representative must be sufficiently independent to ensure fair representation in patent law matters.

Remediable defect (Rule 361 RoP)

Lack of valid representation renders pleadings void but is a remediable defect.

The Court grants a period of 30 days to appoint a new representative to remedy the defect.

Suspension of deadlines

Procedural deadlines are suspended during the period granted for appointing a new representative.

Division

Central Division Paris

UPC number

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