UPC Court Dress

 

Jane Lambert

The robes to be worn by the judges of the Court of First Instance and Court of Appeal of the Unified Patent Court are quite fetching.  Photos of those robes are to be found in the Annexes to the Presidium Decision of the Dress Code of the Unified Patent Court of 4 April 2023 which came into force yesterday,

Art 1 of the Decision requires judges of the Court of First Instance to wear a gown as shown and described in Annex I,  It is a black and blue garment that extends halfway to the lower leg. The outer fabric of the gown is made from black, 100% ultra-fine Merino virgin wool. The trim on the sleeves and lapels is dark blue and made from 100% fine cotton velvet. There is contrasting piping between the trim and outer fabric in dark blue.  The sleeves and back are pleated.  The chest and back are lined with paisley royal blue. A note that is not absolutely clear refers to "buttons below a concealed button placket,"  Gentlemen are expected to wear a white shirt and white tie under their robes.  Ladies must wear a white shirt with the option of a white scarf.

The same article provides that judges of the Court of Appeal shall wear a gown as shown and described in Annex II. It is also a black and blue gown extending halfway to the lower leg. However, the outer fabric is made from a mixture of 77% black, Merino, ultra-fine virgin wool and 23% silk. The trim on the sleeves and lapels is in dark blue, 100% fine cotton velvet and there is contrasting piping between the trim and outer fabric in gold.  The pleating, lining and buttons on the jacket are the same as for the First Instance judges. Court of Appeal judges are also expected to wear a white shirt and tie or scarf below their robes.  Art 1 states that the judges' robes are supplied by the court and remain its property.

Art 2 (a) requires parties' representatives who are lawyers to wear the official attire prescribed by the courts of their contracting states.  Had this country not withdrawn from the UPC Agreement, counsel would have appeared in wigs and gowns and solicitor advocates in gowns sans wigs. No doubt avocats, Rechtsanwälte and other Continental lawyers will sport their gowns, jabots and other finery.  Art 2 (b) requires European patent attorneys to wear the attire prescribed by the EPO.  Where no formal attire exists or prescribed representatives may appear in business attire.

If anyone is interested in court dress, the Royal Courts of Justice holds 300 items of judges' and counsels' court dress and ephemera from the UK, Ireland, Germany, Italy, Poland, Kazakhstan and Spain.  I seem to remember that the collection once included a black cap but I have not seen it lately,   Anyone interested in the collection should consult the Legal Costume Exhibition website and the website of the Permanent Exhibition of Legal and Judicial Costume at the Royal Courts of Justice,

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