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Loyer&Abello Paris Cabinet d'avocats propriété intellectuelle

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Ireland wish to establish a local division of international patent court News
15 January 2015

Richard Bruton, Minister for Jobs, Enterprise and Innovation announced on November 13, 2014, that ireland “will establish a local division of the Unified Patent Court in Ireland, in the event that the international agreement is ratified”.

 

Mr Bruton hopes that this new court will boost innovation in Ireland offering to businesses involved in innovation activities to resolve disputes over patents locally, more cheaply and more easily than before.

 

However, in Ireland’s case, ratification of the international Agreement to set up the Court is subject to the successful carrying of a Referendum because it involves the limited transfer of jurisdiction in the patent law area from the Irish Courts in respect of European patents.

 

As a reminder, article 33 first paragraph recites that actions referred to in Article 32(1) at items a (actions for actual or threatened infringements of patents and supplementary protection certificates and related defences, including counterclaims concerning licences), c (actions for provisional and protective measures and injunctions), f (actions for damages or compensation derived from the provisional protection conferred by a published European patent application) and 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) shall be brought before:

 

  1. the local division hosted by the Contracting Member State where the actual or threatened infringement has occurred or may occur, or the regional division in which that Contracting Member State participates; or
  2. the local division hosted by the Contracting Member State where the defendant or, in the case of multiple defendants, one of the defendants has its residence, or principal place of business, or in the absence of residence or principal place of business, its place of business, or the regional division in which that Contracting Member State participates. An action may be brought against multiple defendants only where the defendants have a commercial relationship and where the action relates to the same alleged infringement.

 

Raphaël PLELAN

 

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