A guide to the UPC and the UP - Flipbook - Page 110
Infringements in Multiple Regional Divisions (art.32(2) para.2 UPCA)
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There is also specific provision for where an infringement action commenced on the basis of
the place where the infringement occurred 127 is pending before a regional division but the
infringement has taken place in the territories of three or more regional divisions. In these
circumstances, the defendant may request a transfer of the action to the central division. 128
This rule is intended to cover particularly large, complex and important cases, although there
is no indication as to what level of infringing activity is required in each country and whether it
would have to be more than de minimis. It is also not clear whether this provision will have any
force in practice since, as at 1 June 2023, there is only one regional division, the Nordic-Baltic
Regional Division, which has its seat in Stockholm.
The Court’s case management powers
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127
128
129
130
131
132
In addition to these specific rules, the Court has the general power to order that parallel
infringement or revocation proceedings relating to the same patent and before the same
local or regional division or the central division or the Court of Appeal be heard together
where it is in the interests of justice to do so. 129 It also has the power to separate proceedings
commenced by a plurality of claimants or in respect of a plurality of a plurality of patents 130
or against a plurality of defendants. 131 It also has the power to order that two or more
actions are heard together where they are pending before different panels (whether in
the same or different divisions) or different panels of the Court of Appeal on account of
the connection between them. 132
art.33(1)(a) UPCA.
The request is made by way of a preliminary objection (r.19(4) RoP). It was also pointed out that r.19(4) RoP is an exception to
the basic rules of procedural law because it allows the defendant to decide on the forum (at one stage being called a
“monstrous child”) and therefore must be interpreted and applied restrictively. See “Responses to the Public Consultation on
the [15th draft] Rules of Procedure of the UPC: Digest of Comments Received” 6 March 2014, pp. 40 to 44.
r.302(3) RoP.
r.302(1) RoP.
r.303(2) RoP.
r.340 RoP. In any consideration, art.33 UPCA must be respected.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 100
