Key takeaways
The UPC has jurisdiction to rule on alleged infringement of European patents in non-contracting states
Infringement actions can only be brought with respect to countries where the patent is in force, which includes not only countries where a Unitary Patent is in force but also validations of European patents in non-signatory countries. (Art. 24(4) Regulation (EU) No 1215/2012 Brussels I bis (recast), Arts. 22(4) and 25 Lugano Convention). A preliminary objection contesting the jurisdiction of a local division to rule on the alleged infringement of national validations of a patent in force in non-UPCA member states (here: Spain, Switzerland, UK) should be dismissed without the need to refer this issue to the main proceedings.
Division
Local Division Paris
UPC number
EP 4 153 830
Type of proceedings
Infringement proceedings; preliminary objection
Parties
Applicants: Mul-T-Lock France, Mul-T-Lock Suisse
Respondent: IMC Creations
Patent(s)
EP 4 153 830
Jurisdictions
UPC, cross-border jurisdiction
Body of legislation / Rules
Rule 19.1 RoP, Regulation (EU) No 1215/2012 Brussels I bis (recast), Lugano Convention
