Webinar: Evidence Before the UPC

Venue

Online

Description

Let's embark into the world of evidence preservation under the UPC! Preservation of evidence under the UPC involves safeguarding all forms of proof that may be crucial in legal proceedings. This ensures that the evidence remains intact and uncontaminated for future use. Our experts Agathe Michel-de Cazotte and Chris Mercer will discuss the difference between ex parte and inter partes proceedings.Ex parte proceedings occur when only one party is present or heard by the court, typically in urgent situations. On the other hand, inter partes proceedings involve both parties being present and having the opportunity to present their arguments. Requests to produce evidence later in an infringement or revocation procedure can be used in specific cases. These requests are aimed at ensuring that all necessary evidence is available to support the claims or defenses of the parties involved.

Saisie is a procedure where a party can apply to seize evidence that may be critical to a case. To apply for saisie, one must demonstrate to the court that there is a substantial likelihood that the evidence will be relevant and necessary for the proceedings. The court may react in various ways, including granting the request, imposing conditions, or rejecting it.

If there is a protective letter, it can impact the saisie process. A protective letter is a document filed with the court to prevent or limit the seizure of evidence. The types of evidence that may be seized include documents, electronic data, physical objects, and more. Once the evidence is seized, it is preserved and may be used in the legal proceedings.

National law can play a role in the saisie process, particularly regarding the procedures and rules for evidence preservation. Confidentiality schemes are crucial to protect sensitive information during the saisie process. Inspection involves examining the seized evidence to ensure its relevance and authenticity. 

• Preservation of evidence under the UPC
• Difference between ex parte and inter partes proceedings
• Requests to produce evidence later in an infringement/revocation procedure

• How to apply for it; what needs to be shown to the court?
• Possible reactions of the court and remedies
• What happens is there is a protective letter?
• What types of evidence may be seized?
• What happens with the seized evidence?
• Does national law play a role?
• Confidentiality scheme
• Inspection

Speaker

• Agathe Michel-de Cazotte

Target group

Level of expertise
Intermediate / advanced level

Medium
Online training

Technical requirements
In order to attend the on-line course participants need a computer with an internet browser and a high-speed broadband internet connection. For the webinar, epi uses Zoom. Security settings on local Firewalls need to be checked. In order to make full use of the webinar session, we recommend to use headsets.

To access to the webinar epi sends out a link and the guidelines for participants shortly before the webinar.

Application and use of personal data

Please do not use capital letters when filling the online registration form. Please indicate only personal email addresses.

By registering for this event, you accept that all your personal data may be used by the epi and authorised third parties (e.g. EPO) to the extent necessary to provide services or content you have requested. Please note our leaflet on privacy policy regarding the processing of your personal data.  

Please note our "privacy policy" regarding the processing of your personal data.

Working language

• English

Contact

For further information, please contact Barbara Riffert ([email protected]).

Minimum number of participants

30*
*If the minimum number of participants was not reached by the registration deadline, the event will be cancelled. In this case the epi will inform you immediately.

Registration deadline

Registration is open until 30.05.2025 The order of receipt by epi will determine the attendance in case of over-subscription.