ARTICLE
19 August 2024

CoA Luxembourg, July 29, 2024, Order Concerning Service Of A Statement Of Claim, UPC_CoA_69/2024 & UPC_CoA_70/2024

BP
Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
A defendant company in China or Hong Kong cannot be served a Statement of claim by email to a person who is not authorised to accept service. Neither can such service be made by public service...
Worldwide Intellectual Property

1. Key takeaways

Service in China or Hong Kong

A defendant company in China or Hong Kong cannot be served a Statement of claim by email to a person who is not authorised to accept service. Neither can such service be made by public service in the form of a written notice to be displayed in the publicly accessible premises of a UPC Local Division at this stage. Attempts to serve in China by any method provided for by the Hague Convention pursuant to R.274.1(a)(ii) RoP shall normally be made before service by other means (R.274.1(b) RoP) or by alternative methods or at an alternative place (R.275 RoP) is permitted.

2. Division

CoA Luxembourg

3. UPC number

UPC_CoA_69/2024

UPC_CoA_70/2024

4. Type of proceedings

Infringement Proceedings

5. Parties

Claimant: NEC Corporation

Defendants: TCL Industrial Holdings Co., Ltd., TCL Communication Technology Holdings Ltd., TCL Overseas Marketing Ltd.

6. Patent(s)

EP 2 645 714

EP 3 057 321

7. Body of legislation / Rules

Rule 274.1, 275 RoP, Regulation (EU) 2020/1784, the Hague Convention

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