Tuesday 17 July 2012

European patent owners’ scope for procedural action under Regulation (EC) 44/2001 strengthened


We have learned from our good friend Aurelio López-Tarruella that in a judgment given on 12 July 2012, in reply to a request for a preliminary ruling submitted by the Dutch courts within the framework of an action for infringement of a European patent by various parties (Case C-616/10), the European Court of Justice has clarified the  scope of articles 6.1, 22.4 and 31 of Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.


Two aspects of the judgment warrant special mention:

First, the ECJ allows that the special rule of jurisdiction laid down in article 6.1 of Regulation No. 44/2001 may prevail over the general rule based on the defendant’s domicile. For the ECJ the fact that actions for infringement of a European patent should, according to article 64 of the EPC, be dealt with by national law does not prevent the national court from deeming the different claims brought before it to be connected and thus permitting article 6.1 of the Regulation to kick in.

Second, the ECJ confirms that in the context of a European patent infringement action where the defendants have argued, by way of defence against the award of interim relief, that the patent is invalid, article 22.4 of Regulation No. 44/2001 (relating to jurisdiction as to the substance) shall not preclude the application of article 31 of that same Regulation (relating to jurisdiction over provisional or protective measures). The court states that the two provisions refer to different situations and have separate fields of application. Even so, the ECJ allows that the court seised of the application for interim measures may refuse such relief if it considers that there is a reasonable possibility of the patent ultimately being declared invalid by the competent court. 



Visit our website: http://www.elzaburu.es/ 

12 comments:

  1. An extension under Rule 134 applies to all periods under the EPC (see E-VIII, 1.1), including, in particular:


    the time limits for the filing of submissions, e.g. replies to EPO communications;
    This is so deeply topic recently i understand this topic for paytotakemyclassonline

    ReplyDelete
  2. Nice blog. I liked it. It is impressive in its way, but there were some issues in the content that was not fascinating for me as a reader. Although this article also includes some great ideas as well, the way of delivering was not impressive to me. I am hoping to get a useful and error-free article from you in the future as you are my ideal writer in this field. Sanzon products

    ReplyDelete
  3. Information article, it was very helpful! I simply began in this and I’m attractive more familiar with it better! Thanks, keep doing amazing..
    Site: Venice Locals Only Work Jacket

    ReplyDelete
  4. Which European country is the best to live in? I am wanting to shift to a European country but my relatives say that is not a good place to move to. Rather I should go to America or Australia but I am adamant of moving to Europe. Can anyone guide me about this, would be great.

    ReplyDelete
  5. I have read your forum post and that is really informative as well. My friend recommended your forum and trust me through reading such amazing updates we are able to change
    Kelsey Asbille Yellowstone Monica Dutton Hooded Jacket
    our perception as well. Keep writing such amazing stuff always.

    ReplyDelete
  6. All students need academic guidance with professionals because they do not solve any problems with own self due to a lack of skills so, therefore, they want somebody to help them that provide cheap dissertation writing services to the students.

    ReplyDelete
  7. The new enforcement EU directive, actually discussed over in the European Parliament, Yellowstone Official has as a scope to improve and to integrate TRIPs rules!

    ReplyDelete
  8. I'm always prefer to read like this blog. Thanks for sharing your informative content with us...Cómo solicitar el divorcio en Nueva Jersey

    ReplyDelete

  9. ELZABURU is a renowned law firm specializing in intellectual property based in Spain. With a rich history dating back to 1865, ELZABURU is known for its expertise in trademarks, patents, copyrights, and other areas of IP law. The firm provides comprehensive legal services to clients, offering strategic advice and representation to safeguard and manage their intellectual property rights effectively. ELZABURU's commitment to innovation and protection has established it as a leading authority in the field.
    estate tax lawyer attorney corporate

    ReplyDelete
  10. Thank you for sharing this update on the European Court of Justice's judgment regarding Regulation No. 44/2001. The clarification on articles 6.1, 22.4, and 31 is very insightful for understanding jurisdiction and enforcement of judgments in civil and commercial matters. As someone who is currently deep into my thesis research, such legal precedents are crucial. On a related note, I'm considering if I should pay someone to finish my thesis, given the complexity and time constraints. Does anyone have experience with this, and could it be as reliable as professional legal assistance?

    ReplyDelete
  11. "The strengthening of procedural action for European patent owners under Regulation (EC) 44/2001 enhances legal recourse and protection, bolstering their ability to enforce patents across EU member states. This advancement signifies a more robust framework for safeguarding intellectual property rights within the European Union."
    domestic violence protective orders in virginia



    ReplyDelete