Is IP a Lex Specialis?
- ATRIP Intellectual Property series
Edited by Graeme B. Dinwoodie
Chapter 10: A “bundle” of national patents v a European patent with unitary effect: A jurisdictional comparison
The purpose of this chapter is to compare the rules of jurisdiction that apply to litigation of certain claims based on the existing “bundle” of national patent rights within the EU – that is, where there are two or more corresponding national patent rights within the EU – with the rules of jurisdiction that apply to the same claims made on the basis of the future European patent with unitary effect (hereinafter EPUE). The former rules are found in the Brussels I Regulation (hereinafter BR) if the defendant is domiciled in the EU, in the Lugano Convention if the defendant is domiciled in the EFTA, or in the Member States’ own private international laws if the defendant is domiciled outside the EU/EFTA. The latter rules are found exclusively in the Agreement on a Unified Patent Court (hereinafter AUPC). This chapter is limited to cases where the defendant is domiciled in the EU. But it examines the jurisdictional rules governing national patent rights regardless of whether they have been applied for via a centralized procedure such as the European Patent Convention or the Patent Corporation Treaty systems or on a Member State-by-Member State basis. I have not covered the Unified Patent Court’s (UPC) competence on European patents, unless the parties choose to opt out.
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