http://ipkitten.blogspot.com/2022/11/survey-have-you-been-able-to-access.html
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The IPKat falling asleep at the word “authentication procedure”…. |
The Unified Patent Court has been a long time coming. So long that one might have thought every possible niggle may have been resolved. But like many lawyers, it takes an impending deadline to identify issues that need to be solved. One of these issues relates to the authentication procedure to access the UPC Case Management System (CMS). The CMS is important in these pre-launch days because companies will be using the system to lodge their opt-outs (i.e. opting their classical European Patents out of the UPC’s jurisdiction). The UPC has brought in a strong authentication procedure for users to access the CMS, which requires two certificates – one for authentication to log in and one for electrotonically signing documents you want to upload. The authentication certificate has to be stored on a physical security device (smart card or USB stick). They are supposed to be able to be acquired by EU citizens and non-EU citizens (more on that below).
The AmeriKat has received reports from those responsible for in-house patent portfolio management in the UK that they have not been able to obtain a physical security device to access the UPC CMS test site ever since the strong authentication requirements have been in place. UK outside counsel say they are still waiting for their dongles/security devices to arrive. The AmeriKat also hears that some German outside counsel are also not having joy.
So far, the IPKat only knows of three companies who are able to provide working certificates for the UPC CMS – one in Italy, one in France and LuxTrust. For Italy and France it seems that one has to be a citizen of these countries. According to its
website, LuxTrust says that they allow authentication by video conference (if accompanied by a notarized/legalized copy of your passport). However, it is not clear if that process is up and running yet.
So for some folks encountering the system at the moment, there seems to be no practical solution. The “test my authentication device” page on the UPC CMS website states that “the implementation of the strong authentication mechanism is currently evolving.” Merpel, as cynical as ever, thinks this is code for “not quite working yet”.
Thus the IPKat is asking you, dear readers, whether you have had success in accessing the UPC CMS via the strong authentication process?
Please complete the survey below. If you have been able to access it, in the empty box please complete the name of the device/certificate provider and where you are from in brackets (e.g. Provider Name (Germany)). For bonus points and extra purrs, post a comment below or email
[email protected] with the subject line “UPC CMS” with your experience. We will collate and share the responses and results of the survey in a post.
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