ARTICLE
10 December 2024

LD Düsseldorf, November 29, 2024, Request For Simultaneous Interpretation, UPC_CFI_355/2023

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Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
The UPC retains discretion in granting simultaneous interpretation, even when a party requests it. Rules 109.1 and 109.2(1) RoP highlight the Judge-Rapporteur's authority...
Germany Intellectual Property

1. Key takeaways

Discretionary interpretation

The UPC retains discretion in granting simultaneous interpretation, even when a party requests it. Rules 109.1 and 109.2(1) RoP highlight the Judge-Rapporteur's authority to decide whether and to what extent simultaneous interpretation is appropriate. If the Judge-Rapporteur refuses the request for simultaneous interpretation, a party may, at its own expense, engage a simultaneous interpreter and request that arrangements for simultaneous interpretation be made, as far as is practically possible, at its own expense (Rule 109.2 (2) RoP).

Cost allocation

The UPC may decide whether to include interpretation costs in the proceedings' overall costs. The court will consider factors like the chosen language's official status within the UPC framework and the requesting party's actual need for interpretation. The UPC cannot generally be expected to provide interpretation into all languages.

2. Division

LD Düsseldorf

3. UPC number

UPC_CFI_355/2023

4. Type of proceedings

infringement action, request for simultaneous interpretation

5. Parties

Applicant (and Claimant in infringement proceedings): FUJIFILM Corporation, Japan

Respondent (and Defendant in infringement proceedings): Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH, Germany

6. Patent(s)

EP 3 594 009

7. Body of legislation / Rules

Rule 109 RoP, Art. 51(2) UPCA

2024-11-29-LD-Duesseldorf-UPC_CFI_355-2023-ORD_62349-2024-App_61390-2024 Download

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