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6 | II Série A - Número: 023S1 | 27 de Outubro de 2014

(g) "Patent" means a European patent and/or a European patent with unitary effect.
(h) "Supplementary protection certificate" means a supplementary protection certificate granted under Regulation (EC) No 469/20093 or under Regulation (EC) No 1610/964.
(i) "Statute" means the Statute of the Court as set out in Annex I, which shall be an integral part of this Agreement.
(j) "Rules of Procedure" means the Rules of Procedure of the Court, as established in accordance with Article 41.

ARTICLE 3 Scope of application

This Agreement shall apply to any: (a) European patent with unitary effect; (b) supplementary protection certificate issued for a product protected by a patent; (c) European patent which has not yet lapsed at the date of entry into force of this Agreement or was granted after that date, without prejudice to Article 83; and (d) European patent application which is pending at the date of entry into force of this Agreement or which is filed after that date, without prejudice to Article 83.

ARTICLE 4 Legal status

(1) The Court shall have legal personality in each Contracting Member State and shall enjoy the most extensive legal capacity accorded to legal persons under the national law of that State.
(2) The Court shall be represented by the President of the Court of Appeal who shall be elected in accordance with the Statute.

ARTICLE 5 Liability

(1) The contractual liability of the Court shall be governed by the law applicable to the contract in question in accordance with Regulation (EC) No. 593/20085 (Rome I), where applicable, or failing that in accordance with the law of the Member State of the court seized.
(2) The non-contractual liability of the Court in respect of any damage caused by it or its staff in the performance of their duties, to the extent that it is not a civil and commercial matter within the meaning of Regulation (EC) No. 864/20076 (Rome II), shall be governed by the law of the Contracting Member State in which the damage occurred. This provision is without prejudice to the application of Article 22.
(3) The court with jurisdiction to settle disputes under paragraph 2 shall be a court of the Contracting Member State in which the damage occurred.
3 Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products, (OJEU L 152, 16.6.2009, p.1) including any subsequent amendments.
4 Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary certificate for plant protection products, (OJEC L 198, 8.8.1996, p.30) including any subsequent amendments.
5 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJEU L 177, 4.7.2008, p. 6) including any subsequent amendments.
6 Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (OJEU L 199, 31.7.2007, p. 40) including any subsequent amendments.