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Privacy Policy

We collect certain information or data about you when you use the Unified Patent Court (UPC) Case Management System.

This includes:

  • Questions, queries or feedback you leave, including your email address.
  • Your IP address and details of which version of web browser you used.
  • Information on how you use the site, using cookies and page tagging techniques to help us improve the site
  • Details to allow you to access UPC services and transactions, eg an email address (you’ll always be told when this information is being collected and it will only be used for the purposes you provide it for).

 

This helps us to:

  • Improve the site by monitoring how you use it
  • Respond to any feedback you send us, if you’ve asked us to
  • Provide you with a service commensurate to the use of the Unified Patent Court.

 

Where your data is stored

We store your data on our secure servers in Germany, where it could be viewed by our staff or suppliers.

By submitting your personal data, you agree to this.

 

Keeping your data secure

Transmitting information over the internet is generally not completely secure and we can’t guarantee the security of your data.

Any data you transmit is at your own risk.

We have procedures and security features in place to try and keep your data secure once we receive it.

We won’t share our information with any other organisations for marketing, market research or commercial purposes and we don’t pass on your details to other websites.

The Unified Patent Court does not hold any information relating to payment transactions.

 

Disclosing your information

We may pass on your personal information if we have a legal obligation to do so, or if we have to enforce or apply our terms of use and other agreements.

 

Your rights

You can find out what information we hold about you and ask us not to use any of the information we collect.

This privacy policy only applies to this website.

 

Web Browsers

You should upgrade your web browser (the software you use to access the internet) if it’s out of date.

Upgrading to a newer browser will mean:

  • Your computer will be more secure and less likely to be attacked
  • It’ll be faster to browse the internet
  • You’ll see more features

 

Cookies

Unified Patent Court puts small files (known as “cookies”) onto your computer to collect information about how you browse the site.

Cookies are used to:

  • Measure how you use the website so it can be updated and improved based on your needs
  • Remember the notifications you’ve seen so that we don’t show them to you again

Cookies aren’t used to identify you personally.

You’ll normally see a message on the site before we store a cookie on your computer.

How cookies are used on Unified Patent Court Case Management System

Measuring website usage (Google Analytics)

We use Google Analytics software to collect information about how you use Unified Patent Court Case Management System.  We do this to help make sure the site is meeting the needs of its users and to help us make improvements.

Google Analytics stores information about:

  • The pages you visit on UPC
  • How long you spend on each UPC page
  • How you got to the site
  • What you click on while you’re visiting the site

We don’t collect or store your personal information (eg your name or address) so this information can’t be used to identify who you are.

Terms of use

Using cms.unified-patent-court.org

The UPC Website is maintained for your personal use.

You agree to use this site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party.

We aim to update our site regularly and may change the content at any time.

By using this site, you indicate that you accept these terms of use and that you agree to abide by them.  If you do not agree to these terms of use, please refrain from using our site.

Scope of application, modifications

Access to and use of, any part of the UPC website (hereinafter referred to as “the Website”), any document, material or other information, including text, images, sound and software (hereinafter referred to as “information”) made available on the Website and any of the services provided via the Website (hereinafter referred to as “Services”) are governed by these terms and conditions of use (hereinafter referred to as “Terms and Conditions”) and constitute acceptance of these Terms and Conditions by the user.

These Terms and Conditions may be superseded by other terms and conditions applicable to individual services or parts of the Website, irrespective of whether or not these Terms and Conditions expressly refer to such other terms and conditions.

The UPC reserves the right to amend these Terms and Conditions at any time by posting amended Terms and Conditions on the Website.  Such amendments take effect on the date on which they are posted.   Users are entitled to object to them within two weeks of posting.  Continued use of the Website or its Services constitutes acceptance of the changes concerned.  If a user explicitly objects to any new terms and conditions, the UPC is entitled to revoke his/her access rights.

If any provision of these Terms and Conditions is for any reason held to be invalid, illegal or otherwise unenforceable, such unenforceability does not affect any other provision; the Terms and Conditions are then to be construed as if they had never contained the provision(s) in question and are to be interpreted, in so far as possible, in such a way as to maintain their original intent.

Purpose of the Website, modifications, access

The general purpose of the Website is to provide a central repository for the Unified Patent Court, allowing the Court to work in the digital age and to grant access to documents held by the UPC in accordance with applicable legal provisions.  It will also offer additional services, such as facilities for interactive communication with the UPC and for web-based transactions.

Subject to any legal provision governing access to documents held by the UPC in electronic form, the EPO reserves the right to modify, limit or discontinue – in full or in part and without prior notice – the Services and Information available on the Website at any time, to restrict access to the Website and to deny, without notice and at its sole discretion, any user’s access to the Website or any part thereof.

User obligations

Users of the Website must comply with all applicable laws and regulations.  They must refrain from violating or attempting to violate the UPC’s network security and in particular, from uploading or attaching virus-containing or corrupted files or any software or programs that might damage the operation of another user’s computer.  Users must furthermore refrain from restricting, or attempting to restrict in any way, access to or use of the Website or any Services by other users (for example by generating, whether manually or in an automated fashion, unusually high numbers of service accesses).

The Services available on this Website require prior registration.  Users must provide correct and complete information when registering and update if necessary.  They must not misuse any access authorisation granted to them (for example by transferring data to unauthorised third persons).  By registering, users agree to being contacted by the UPC by whatever means appropriate.

Registered users are responsible for maintaining the confidentiality of their account and password to prevent unauthorised access to that account.  Users must take all necessary steps to keep their password secure.

In the event of any violation of the above user obligations, the UPC is entitled to revoke the user’s access rights without prior notice.

Content

The UPC cannot guarantee that the Information is always comprehensive, complete, accurate and up-to-date.  Consequently, the UPC accepts no responsibility for any loss or damage that may arise from reliance on the Information.

Copyright, use of content

All Information published on the Website is protected by copyright and owned or controlled by the UPC or the party credited as its provider or author.

Technical errors and malfunctions, availability

The UPC aims at minimising technical errors and malfunctions.  However, some data or other parts of the information may have been created or structured in files or formats that are not error-free.  The UPC cannot guarantee that the underlying files and the formats used are error-free and will not cause the user’s systems to malfunction.

The UPC cannot guarantee that the Website and the Services will always be available.  Whilst the UPC is committed to ensuring that the availability of the Website will be essentially uninterrupted and that transmissions will be error-free, this cannot be guaranteed.  Access to the Website and its Services may also occasionally be suspended , restricted or impeded to permit repairs, maintenance or the introduction of new services or facilities.

The UPC accepts no responsibility with regard to such problems (including, but not limited to, failure of performance, computer virus, communication line failure, alteration of content, etc) encountered as a result of using the Website or any linked external sites.

Security

The UPC offers data security by means of a two factor authentication.

However, the UPC cannot guarantee that data transmitted is absolutely secure at all times from attack by third parties, nor can it guarantee the absolute security of the data transmission process.

Communications

Where the Website contains facilities for the online exchange of information or communication with the UPC or other users, be it through emails, access to mailing lists or other message or document posting facilities (hereinafter collectively referred to as “Communications”), the user agrees to use the Communications only to send and receive messages and materials relating to their application and to respect generally accepted standards of politeness and correctness.  In particular, users must not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
  • publish, post, distribute or disseminate any defamatory, injurious, obscene, indecent or unlawful material or information;
  • upload or attach material or files that contain software or other material protected as intellectual property (or by rights of privacy and publicity), unless the user owns or controls the rights thereto or has received such consent as may be required by law;
  • upload or attach virus-containing or corrupted files or any other software or programs that might damage the operation of another’s computer;
  • delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
  • forge the origin or source of software or other material contained in a file that is uploaded;

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Web-based transactions

Translation service

The translation service generates an automated translation.  It cannot be guaranteed that such translation output is intelligible, accurate, complete, reliable or fit for specific purposes.

 

Data Protection

When the Website is accessed, certain information about users, such as internet protocol (IP) addresses, navigation through the site, software used and time spent, may be stored by the UPC or on its behalf.  This information may be used for website traffic analysis only, and not to identify users.  No attempt will be made to monitor systematically individual users of IP addresses, or the actions that they perform.

Personal data may not be recorded or saved without the user’s express consent.  By completing any data collection form on the Website, the user expressly agrees to the storage and processing of the data entered.  All data provided by the user (such as names, addresses, credit card details, account information etc) will be treated as confidential, stored and processed only for the purpose for which it was collected and made available only to the unit responsible for dealing with it.  In particular, personal data will not be passed on to third parties or published or made available for general access without the user’s express agreement or unless necessary to comply with a request by or for the conclusion or fulfilment of a contract with that user, or unless the UPC is obliged to make such data available to public authorities.

Information about you and your visits to UPC

 

We process information about you in accordance with our privacy policy.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Virus protection

We make every effort to check and test material at all stages of production, however you must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

We can’t accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our site, or any computer or database connected to our site.  You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

 

Governing law

These terms and conditions shall be governed by and construed in accordance with the laws covered by the UPC.  Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of ??.

 

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

 

Revision to these terms

We may, at any time, revise these terms and conditions without notice.  Please check these terms and conditions regularly, as continued use of the UPC website after a change has been made is your acceptance of the change.

 

Data protection

The Data Protection Act controls how your personal information is used by organisations, businesses or the government.

Everyone responsible for using data has to follow strict rules called ‘data protection principles’. They must make sure the information is:

  • used fairly and lawfully
  • used for limited, specifically stated purposes
  • used in a way that is adequate, relevant and not excessive
  • accurate
  • kept for no longer than is absolutely necessary
  • handled according to people’s data protection rights
  • kept safe and secure
  • not transferred outside the UK without adequate protection

There is stronger legal protection for more sensitive information, such as:

  • ethnic background
  • political opinions
  • religious beliefs
  • health
  • sexual health
  • criminal records