UPC Local Division Hamburg, 17 november 2023: no jurisdiction UPC for damages after national patent proceedings
06-12-2023 Print this page
Article 32(a) UPCA confers jurisdiction on the UPC to determine damages only after a prior action for patent infringement has been brought before a chamber of the UPC.
The UPC does not have jurisdiction for actions for the determination of damages on the basis of patent infringement proceedings that have become final before a national court.
If, after examination by the UPCA, the existence of a patent infringement is established, the consequences of a patent infringement are formulated in the UPCA as procedural powers (in contrast to German patent law).
Article 32(f) UPCA establishes jurisdiction only for actions for damages or compensation based on the provisional protection conferred by a published application for a European patent.
The recognition under article 36 Brussels I of a national judgement awarding damages cannot establish the UPC's jurisdiction to award damages
