In a recent update for Managing IP, Marks & Clerk partner Thomas Prock weighs in on the Unified Patent Court's (UPC) landmark decision to refer questions to the Court of Justice of the EU (CJEU).
The referral, arising from a dispute between Dyson and Dreame, marks the first time the UPC has called upon the CJEU to clarify matters of EU law, specifically regarding "long-arm jurisdiction" over entities based outside of UPC contracting states. The case examines whether the UPC can establish jurisdiction over a Hong Kong-based company for alleged infringement in Spain, a non-UPC member state.
While the CJEU's involvement was always a theoretical possibility, its arrival is a significant milestone that defines the "full potency" and reach of the new court system.
Full details can be found below.
Thomas Prock, partner at Marks & Clerk, said: "Given that the original BSH referral took nearly three years to resolve, a significant stay of proceedings is anticipated; however, the CoA has already issued its decision on the UPC-territory aspects of the case. "A similarly pragmatic split approach, i.e. deciding what can be decided now, and awaiting the CJEU only where necessary, is likely to follow in comparable cases going forward."