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Efficient service of court documents is critical in the regime of the Unified Patent Court, but it can be tricky to navigate the rules and methods. What are the options for serving documents in different scenarios, especially when defendants are located outside the Contracting Member States?
Efficient service of court documents is critical for the deadline regime within the UPC, but the rules and methods can be complex. Within Contracting Member States, service is governed by Rules 271 and 272 Rules of Procedure. Common methods include electronic means via the CMS or registered letters with acknowledgment of receipt, supplemented by service via bailiff. For service outside Contracting Member States, governed by Rules 273 and 274 Rules of Procedure, options include service via the EU Service Regulation, the The Hague Service Convention, or diplomatic channels. However, delays are common, particularly in jurisdictions like China, the US, or the UK. For fast service to international defendants, trade fairs offer a unique opportunity. A trade fair stand is considered a temporary place of business and therefore a valid location for service, not only for ex parte injunctions, but also for main actions. In fact, in Nokia vs. Sunmi, a decision-by-default in main proceedings was rendered after service at a trade fair, due to the defendant's lack of reaction. This also applies to anti-anti-suit injunctions (AASI in short), which are particularly time sensitive.
Due to the particular urgency of AASIs, alternative service methods under Rule 275 Rules of Procedure may also be available, even without a prior failed service attempt, as seen for example in InterDigital vs. Disney. Since an AASI is intrinsically linked to the main proceedings, the authorization of the defendant's registered representative also automatically extends to accepting the service of an AASI, ensuring a fast service option so that the AASI can offer effective protection. Revocation actions, on the other hand, can be served on the registered patent representative under Rule 271.3 and 271.5 (c) Rules of Procedure. This ensures a fast service option within the EU and is most reliable if a valid CMS email address for service is provided in the formality section of the action.
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.
