1.
Where a Statement of claim is to be served outside the Contracting Member States, it shall be so served by the Registry
What is UPCRoP 274?
This is Rule 274 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.
Legal Text
(a)
by any method provided by:
(i)
The law of the European Union on the service of documents in civil and commercial matters [Regulation (EU) 2020/1784] where it applies;
(ii)
The Hague Service Convention or any other applicable convention or agreement where it applies; or
(iii)
to the extent that there is no such convention or agreement in force, either by service through diplomatic or consular channels from the Contracting Member State in which the sub-registry of the relevant division is established;
(b)
where service in accordance with paragraph 1(a) could not be effected by any method permitted by the law of the state where service is to be effected or as authorised by the Court under Rule 275.
2.
No Statement of claim may be served under this Rule 274 in a manner which is contrary to the law of the state where service is effected.
3.
The Registry shall inform the claimant of the date on which the Statement of claim is deemed served under paragraph 1.
4.
The Registry shall inform the claimant if for any reason service pursuant to paragraph 1 cannot be effected.
Applied In
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Official Source
This legal text is from the official UPCRoP framework governing the Unified Patent Court.
Reference: UPCRoP 274 (Rule 274)