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What is UPCA 032?

This is Article 032 from the UPCA (Übereinkommen über ein Einheitliches Patentgericht), which is part of the legal framework governing the Unified Patent Court in Europe.

UPCA Article 032

Legal Text

Competence of the Court

1.

The Court shall have exclusive competence in respect of:

(a)

actions for actual or threatened infringements of patents and supplementary protection certificates and related defences, including counterclaims concerning licences;

(b)

actions for declarations of non-infringement of patents and supplementary protection certificates;

(c)

actions for provisional and protective measures and injunctions;

(d)

actions for revocation of patents and for declaration of invalidity of supplementary protection certificates;

(e)

counterclaims for revocation of patents and for declaration of invalidity of supplementary protection certificates;

(f)

actions for damages or compensation derived from the provisional protection conferred by a published European patent application;

(g)

actions relating to the use of the invention prior to the granting of the patent or to the right based on prior use of the invention;

(h)

actions for compensation for licences on the basis of Article 8 of Regulation (EU) No 1257/2012; and

(i)

actions concerning decisions of the European Patent Office in carrying out the tasks referred to in Article 9 of Regu­lation (EU) No 1257/2012.

2.

The national courts of the Contracting Member States shall remain competent for actions relating to patents and supplementary protection certificates which do not come within the exclusive competence of the Court.

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Official Source

This legal text is from the official UPCA framework governing the Unified Patent Court.

Reference: UPCA 032 (Article 032)

Unified Patent Court Official Website