A guide to the UPC and the UP - Flipbook - Page 69
Court of First Instance
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The Court of First Instance has a central division as well as local and regional divisions. 7
The divisions all have the same level of jurisdiction, although their competence may differ,
that is, according to the facts of the case, one or more of the divisions may have competence to
hear the case. The rules on allocation of infringement cases, in particular, are complicated but
in very simple terms, an infringement action must be started in the local or regional division
where the infringement occurred or where the defendant is resident or has a place of business,
and a revocation action must be started in the central division. 8
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The central division has its seat in Paris, where the office of the President of the Court of First
Instance is located. There are two other sections, one was to be in London and one in Munich.
Each handles different technical subject matter. In broad terms, electronic cases are allocated
to Paris, mechanical engineering cases to Munich and life sciences cases were to be allocated
to London in accordance with Annex II UPCA. 9 In light of the UK’s withdrawal from the UPCA,
human necessities cases are assigned to the seat in Paris and chemistry and metallurgy cases
are assigned to the section in Munich. 10 However, it has been announced that the Italian
Government has agreed with France and Germany to set up a branch of the central division
in Milan, 11 but the agreement, at the time of writing, needs to be formalised and will not be in
place until sometime after 1 June 2023.
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Any Contracting Member State may set up a local division of the Court of First Instance and
can designate the seat of that local division. 12 Contracting Member States may instead take
advantage of the provision in the UPCA which provides that two or more Contracting Member
States may set up a regional division of the Court of First Instance with a designated seat. 13
Both local and regional divisions may hear cases in locations other than the place in which they
have their seat. 14 Local and regional divisions differ mainly in terms of the composition of their
judicial panels. 15
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The request for setting up a local or regional division must be sent to the Chairman of the
Administrative Committee, 16 specifying the seat of the proposed division. 17 The decision of
the Administrative Committee agreeing to the request must be made public and must indicate
the number of judges for that division. 18 The Administrative Committee also has the power to
discontinue a local or regional division at the request of the relevant Contracting Member
State or States. 19
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art.7(1) UPCA.
art.33 UPCA. The competence of the divisions is described in more detail in chapter 6 (Jurisdiction, Competence and Forum
Shopping) paragraphs 6-41 to 6-53.
art.7(2) UPCA. See chapter 12 (Written Procedure) paragraphs 12-123 and 12-125 for details on how cases are assigned
between the central division’s seat/sections.
Decision of the Presidium dated 8 May 2023.
See the press release dated 18 May 2023 from Italy’s Ministry of Foreign Affairs and International Cooperation
https://www.esteri.it/en/sala_stampa/archivionotizie/comunicati/2023/05/tribunale-unico-dei-brevetti-italia-otterra-sezionedistaccata-per-milano/ [Accessed 20 May 2023].
art.7(3) UPCA.
art.7(5) UPCA.
r.342(2) RoP.
art.8 UPCA. See also paragraphs 5-45 to 5-47.
See paragraph 5-58 for details of the Administrative Committee.
art.18(1) UPCA Statute.
art.18(2) UPCA Statute.
arts 18(3) and (4) UPCA Statute. Once a division ceases to exist, the judges previously assigned to that division will be reassigned to the central division, and any pending cases will be transferred to the central division, along with the sub-registry
for the division and all of its documentation.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 59
