EU – Division of jurisdiction in transitional period

Posted: October 1st, 2013

The division of jurisdiction between national patent courts and the Unified Patent Court in the transitional period after the Agreement on a Unified Patent Court has come into force, by Konstantin Schallmoser, Preu Bohlig & Partner

1. The current position
a) The Unified Patent Court (UPC) is expected to come into operation in the first half of 2015. Although Austria is the only state to have ratified the UPC Agreement so far, there is little doubt that further progress in the ratification process in 2014 will see the UPC Agreement coming into force and the UPC coming into operation by the beginning of 2015, at the latest.
On 26 July 2013 the EU Commission submitted a proposal as to how the new EU Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Reg. No 1215/2012) is to be amended in order to regulate the relationship of jurisdictions between the Unified Patent Court and the national court. It will be applicable from 1 January 2015 independently AUPC, thereby replacing the present Regulation (Reg. No 44/2001).

Read the entire contribution (in English) here.

Read the entire contribution in French here and in German here

One Response

  1. 8416519 says:

    Very interesting article. Thank you.
    Can someone explain the situation in section 3 d) ? I do not understand why the fact that the registered office of V is in Ireland allows V to file the negative declaratory action in Ireland for the non-infringement of the German part of the European patent. My understanding (I could be wrong) is that V is not the defendant in such action. Thanks

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