1. Key takeaways
The UPC has jurisdiction to rule on alleged infringement of European patents in non-contracting states
Infringement actions can only be brought with respect to countries where the patent is in force, which includes not only countries where a Unitary Patent is in force but also validations of European patents in non-signatory countries. (Art. 24(4) Regulation (EU) No 1215/2012 Brussels I bis (recast), Arts. 22(4) and 25 Lugano Convention). A preliminary objection contesting the jurisdiction of a local division to rule on the alleged infringement of national validations of a patent in force in non-UPCA member states (here: Spain, Switzerland, UK) should be dismissed without the need to refer this issue to the main proceedings.
2. Division
Local Division Paris
3. UPC number
EP 4 153 830
4. Type of proceedings
Infringement proceedings; preliminary objection
5. Parties
Applicants: Mul-T-Lock France, Mul-T-Lock Suisse
Respondent: IMC Creations
6. Patent(s)
EP 4 153 830
7. Jurisdictions
UPC, cross-border jurisdiction
8. Body of legislation / Rules
Rule 19.1 RoP, Regulation (EU) No 1215/2012 Brussels I bis (recast), Lugano Convention
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
