Article 71a

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1.  For the purposes of this Regulation, a court common to several Member States as specified in paragraph 2 (a ‘common court’) shall be deemed to be a court of a Member State when, pursuant to the instrument establishing it, such a common court exercises jurisdiction in matters falling within the scope of this Regulation.
2.  For the purposes of this Regulation, each of the following courts shall be a common court:
(a) the Unified Patent Court established by the Agreement on a Unified Patent Court signed on 19 February 2013 (the ‘UPC Agreement’); and
(b) the Benelux Court of Justice established by the Treaty of 31 March 1965 concerning the establishment and statute of a Benelux Court of Justice (the ‘Benelux Court of Justice Treaty’).

 

UPC Case Law

 

IPPT20240704, UPC CFI, LD Paris, DexCom v Abbott 
Brussels Ibis applies to UPC irrespective of article 71c as the UPC is a “common court” (Article 71a Brussels Ibis, Article 31 UPCA)