Exclusive Jurisdiction of the UPC During the Transitional Period Unless Opted Out

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ID: 337835
2026
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Abstract
Agreement on a Unified Patent Court, Arts. 32 and 83; Regulation (EU) No. 1215/2012, Art. 27; Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, Art. 25; Law No. 218/1995, Art. 11; Industrial Property Code, Art. 52 ‒ Atlantis Product 1. ‘Concurrent’ jurisdiction of the Unified Patent Court and national courts during the transitional period does not mean that the proprietor is free, in any given case, to select the court where proceedings are initated. 2. Unless the patent proprietor has expressly opted out of the Unified Patent Court’s jurisdiction, disputes concerning European patents must be brought exclusively before the Unified Patent Court. 3. The scope of protection is determined not by what the patent ‘does not exclude’, but by what it affirmatively claims.
Reference Key
openalex_W7224990678 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors
Journal GRUR International
Year 2026
DOI
10.1093/grurint/ikag105
URL
https://doi.org/10.1093/grurint/ikag105
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