IMPORTED_1784548587570 – X v the Registrar

Court
Court of Appeal
Date
Outcome
Denied
Sector
Other
Decision Type
PROCEDURAL

Expert Commentary

Art. 48.3 UPCA - Application too late Facts 1. X, a European patent attorney had successfully followed courses before 31 December 2020 which entitled him to be accepted on the list of representatives. 2. However, he should have filed a request before 1 January 2024 according to the E(uropean) P(atent) C(ertificate) rules. 3. The Registrar rejected the application. 4. X appealed to the President of the Court of Appeal, arguing that he had experienced difficulties with the CMS when filing his application, among others things. The President of the Court of Appeal 1. There is no evidence that X attempted to file the application, and the refusal does not contravene the right to exercise a profession, especially since X can qualify by completing a new accreditation course. 2. The President rejects the request for review. Comment 1. It is good that the grandfather clause could only be used for one year, as at the time, the programs leading to the possibility of becoming a UPC representative via the grandfather clause were not regulated and checked, as is the case nowadays. 2. However, even today, it would be a mistake to think that after having obtained the litigation certificate or a bar exam you are a competent representative. Practical litigation experience is very important.

Key Holdings

  • The deadline for applying for UPC representative status under the grandfather clause (January 1, 2024) is strictly enforced.
  • Lack of evidence for technical difficulties in filing an application will result in its rejection.
  • Refusal of a representative application does not infringe the right to exercise a profession if alternative qualification pathways are available.
  • The grandfather clause for UPC representatives was a temporary measure, and current accreditation processes are more regulated.
  • Practical litigation experience is considered essential for a competent UPC representative, beyond just obtaining a certificate.

Tags

  • Representative Qualification
  • Time Limits
  • Procedural Law
  • Grandfather Clause
  • Right to Profession
  • Court of Appeal

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