UPC CFI, LD Paris, 21 March 2025: jurisdiction of the UPC regarding Swiss, Spanish and UK designations of European patent
23-06-2025 Print this page
Preliminary objection to UPC jurisdiction regarding Spanish, Swiss and UK designations of European patent rejected (Article 4 and article 24 Brussels Ibis regulation. Article 31 UPCA, R 20 RoP).
The UPC therefore has jurisdiction to hear the infringement action brought by IMC Créations in respect of the Spanish and Swiss parts, if necessary, by staying the proceedings pending the decision of the national court hearing the action for invalidity, if there was a significant risk that the patent would be invalidated by the court of the State in which the patent was granted.
The UPC also has jurisdiction to hear the infringement action brought regarding the British part of the patent and, where appropriate, to rule on the validity of the title, provided that the decision on the plea of invalidity of the patent has only inter partes effect.
