Parties for the first time agreed to use English in FPC proceedings

Case No. O2012_037 ¦ Order of 30 July 2012 ¦ “Parteisprache Englisch, Verbindlichkeit der Wahl”

A major advantage of the Act on the FPC (PatCA) in an international environment is that the parties can agree to use English language; Art. 36(3) PatCA. However, even though the parties may use the English language, one of the official languages of Switzerland is still the language of the proceedings. The FPC will always issue its decision in the language of the proceedings (Art. 6(3) PR-PatC).

Parties to FPC proceedings now for the first time agreed to use the English language:

The plaintiff is native Italian speaker, but his representatives are native German speakers. The plaintiff requested in his writ that German language shall be established as the language of the proceedings (Art. 36(1) PatCA, Art. 6(1) PR-PatC), but also indicated that he would agree to English language being used in subsequent motions of the parties. The FPC established German as the language of the proceedings and the defendant was invited to file the counterclaim.

The defendant also agreed to the English language being used by the parties. Consequently, the FPC took due note of the parties’ choice of the English language for their further motions. This mutual consent of the parties being given, no further approval of the FPC is necessary in this respect (Art. 6(3) PR-PatC). However, the FPC held that this choice of the English language is binding, i.e. a waiver to use an official language of Switzerland in later motions and oral proceedings again.

Noteworthy, the FPC held in an obiter dictum that parties might agree on the English language even before FPC proceedings are initiated. In this case, already the writ could be filed in English language.

Reported by Martin WILMING


BIBLIOGRAPHY

Case No. O2012_037 ¦ Order of 30 July 2012 ¦ “Parteisprache Englisch, Verbindlichkeit der Wahl”

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Subject(s):

  • Financial reporting and monetary claim

Composition of the Board of the FPC:

  • Dr. iur. Dieter BRĄNDLE (President, Single Judge)

Representative(s) of Plaintiff:

Representative(s) of Defendant:

  • Stefano Codoni (Poledna Boss Kurer)
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