2024-11-12 - CoA - Aim Sport Development v. Supponor - UPC_CoA_489/2023, UPC_CoA_500/203
- Aktenzeichen:
- UPC_CoA_489/2023, UPC_CoA_500/203
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Appeal Decision
- Parteien:
- AIM Sport Development AG v. Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL
Kernaussage: The term ‘action’ in Art.
2024-11-12 - CoA - Aim Sport Development
v.
Supponor - UPC_CoA_489/2023, UPC_CoA_500/203
The term ‘action’ in Art. 83 UPCA refers not only to infringement and revocation actions, but to all actions mentioned in Art. 32 UPCA over which the UPC has jurisdiction.
Considering the wording, structure, object and purpose of Art. 83 UPCA as a whole, the sentence “Unless an action has already been brought before a national court” in Art. 83(4) UPCA must be understood to refer to an action brought before a national court during the transitional regime.
The Court of Appeal granted the claimant's appeal and referred the decision back to the Court of First Instance to decide on the substance. Most importantly, the CoA found that "action ... brought before a national court" must be understood to an action brought during the transitional regime.
Stichwörter
Jurisdiction of the Unified patent court, withdrawal of opt-out