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Commission proposal to amend Brussels I Regulation to UPC Agreement

23 September 2013

The IP Federation has prepared comments on the Commission proposal to amend Brussels I Regulation (Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters) to the Unified Patent Court Agreement.

It is suggested that Article 24(4) of the Brussels 1 Regulation is amended to make it clear that pursuant to Article 83 UPC, for a transitional period, the UPC has concurrent exclusive jurisdiction. It is also suggested that the lis pendens rules are expanded specifically to take into account the problem above.

The  IP Federation does not have a strong view as to what the answer should be as to what is permitted, since all possibilities are unsatisfactory, but litigants need certainty rather than leaving any areas of uncertainty to be decided by references to the CJEU.

For full details, click HERE.

To see all our policy papers, click HERE.



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