Key takeaways
Service in China or Hong Kong
A defendant company in China or Hong Kong cannot be served a Statement of claim by email to a person who is not authorised to accept service. Neither can such service be made by public service in the form of a written notice to be displayed in the publicly accessible premises of a UPC Local Division at this stage. Attempts to serve in China by any method provided for by the Hague Convention pursuant to R.274.1(a)(ii) RoP shall normally be made before service by other means (R.274.1(b) RoP) or by alternative methods or at an alternative place (R.275 RoP) is permitted.
Division
CoA Luxembourg
UPC number
UPC_CoA_69/2024
UPC_CoA_70/2024
Type of proceedings
Infringement Proceedings
Parties
Claimant: NEC Corporation
Defendants: TCL Industrial Holdings Co., Ltd., TCL Communication Technology Holdings Ltd., TCL Overseas Marketing Ltd.
Patent(s)
EP 2 645 714
EP 3 057 321
Body of legislation / Rules
Rule 274.1, 275 RoP, Regulation (EU) 2020/1784, the Hague Convention
