Article 24

Sources of law

Agreement On A Unified Patent Court

Part 1 – General and institutional provisions

Chapter 5 – Sources of Law and Substantive Law

Article 24 – Sources of law
  1. In full compliance with Article 20, when hearing a case brought before it under this Agreement, the Court shall base its decisions on:
    1. a. Union law, including Regulation (EU) No 1257/2012 and Regulation (EU) No 1260/2012(1);
    2. b. this Agreement;
    3. c. the EPC;
    4. d. other international agreements applicable to patents and binding on all the Contracting Member States; and
    5. e. national law.
  2. To the extent that the Court shall base its decisions on national law, including where relevant the law of non-contracting States, the applicable law shall be determined:
    1. a. by directly applicable provisions of Union law containing private international law rules, or
    2. b. in the absence of directly applicable provisions of Union law or where the latter do not apply, by international instruments containing private international law rules; or
    3. c. in the absence of provisions referred to in points (a) and (b), by national provisions on private international law as determined by the Court.
  3. The law of non-contracting States shall apply when designated by application of the rules referred to in paragraph 2, in particular in relation to Articles 25 to 28, 54, 55, 64, 68 and 72.

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(1) Council Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements (OJEU L 361, 31.12.2012, p. 89) including any subsequent amendments.

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