Description
of that division, even if the litigation has been conducted in English. This rule leads to a mixture of languages for certain parts of
the proceedings within one court action. This could be problematic for a judge, who has to find the correct translation of
technical terms etc. Moreover, all judgments will most likely be translated into English as this will probably become the
international working language within the UPC.
8.
Will the costs of translation be reimbursed? Regulation (EU) 1260/2012 of the Unitary Patent package does indeed provide for a compensation scheme to reimburse the translation costs incurred by applicants who file European patent applications in a language other than one of the official languages of the EPO. Article 5 of Regulation 1260/2012 makes it possible to receive reimbursement for all translation costs up to a fixed limit. The compensation scheme will however only be available for SMEs, natural persons, non-profit organizations, universities and public research organizations having their residence or principal place of business within a contracting state (Article 5(2) of Regulation 1260/2012). This reimbursement will be administered by the EPO and will be paid out of the income generated by the renewal fees. Pursuant to Article 13 of Regulation 1257/2012, the calculation of the share is partly based on the amount of the compensation paid to the participating contracting state which has an official language other than one of the official languages of the EPO. No concrete numbers or more detailed information have been published so far. For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact. Jan-Diederik Lindemans Partner – Brussels Phone: +32.2.282.1832 Email: jlindemans@crowell.com Judith Bussé Associate – Brussels Phone: +32.2.214.2896 Email: jbusse@crowell.com 6 .
Will the costs of translation be reimbursed? Regulation (EU) 1260/2012 of the Unitary Patent package does indeed provide for a compensation scheme to reimburse the translation costs incurred by applicants who file European patent applications in a language other than one of the official languages of the EPO. Article 5 of Regulation 1260/2012 makes it possible to receive reimbursement for all translation costs up to a fixed limit. The compensation scheme will however only be available for SMEs, natural persons, non-profit organizations, universities and public research organizations having their residence or principal place of business within a contracting state (Article 5(2) of Regulation 1260/2012). This reimbursement will be administered by the EPO and will be paid out of the income generated by the renewal fees. Pursuant to Article 13 of Regulation 1257/2012, the calculation of the share is partly based on the amount of the compensation paid to the participating contracting state which has an official language other than one of the official languages of the EPO. No concrete numbers or more detailed information have been published so far. For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact. Jan-Diederik Lindemans Partner – Brussels Phone: +32.2.282.1832 Email: jlindemans@crowell.com Judith Bussé Associate – Brussels Phone: +32.2.214.2896 Email: jbusse@crowell.com 6 .
