The scope of the international jurisdiction of the Unified Patent Court (“UPC”) has, in recent years, become one of the most striking and controversial issues in patent litigation. Having commenced its operations in 2023, the Court was established with the objective of creating a uniform and centralized patent adjudication system across Europe. However, through its recent decisions, the UPC appears not to confine its jurisdiction to Contracting Member States alone, but rather to extend it so as to encompass non-contracting states as well.
The issue commonly referred to as “long-arm jurisdiction” in the context of EU courts - and now associated with the UPC - finds its roots in the answers given by the Court of Justice of the European Union (“CJEU”) to preliminary references submitted by national courts of EU Member States in cross-border infringement disputes.
Authors:
Aysel Korkmaz Yatkın, Partner
Selin Sinem Erciyas, Partner