Competence of the Court
Agreement On A Unified Patent Court
Part 1 – General and institutional provisions
Chapter 6 – International Jurisdiction and Competence
Article 32 – Competence of the Court
- The Court shall have exclusive competence in respect of:
- actions for actual or threatened infringements of patents and supplementary protection certificates and related defences, including counterclaims concerning licences;
- actions for declarations of non-infringement of patents and supplementary protection certificates;
- actions for provisional and protective measures and injunctions;
- actions for revocation of patents and for declaration of invalidity of supplementary protection certificates;
- counterclaims for revocation of patents and for declaration of invalidity of supplementary protection certificates;
- actions for damages or compensation derived from the provisional protection conferred by a published European patent application;
- 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;
- actions for compensation for licences on the basis of Article 8 of Regulation (EU) No 1257/2012; and
- actions concerning decisions of the European Patent Office in carrying out the tasks referred to in Article 9 of Regulation (EU) No 1257/2012.
- 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.
Articles linking to this article:
Article 8 – Composition of the panels of the Court of First Instance
Article 9 – The Court of Appeal
Statute linking to this article:
Rules linking to this article:
Rule 5 – Lodging of an Application to opt out and withdrawal of an opt-out
Rule 80 – Compensation for a licence of right
Rule 88 – Application to annul or alter a decision of the Office
Rule 118 – Decision on the merits
Rule 125 – Separate proceedings for determining the amount of damages ordered