Local and central divisions (UPC)

The local division and the central division are the two types of panels of the Court of First Instance of the Unified Patent Court. Local divisions, or regional divisions when shared by several States, are set up in the Contracting Member States that requested them. The central division has its seat in Paris and sections in Munich and Milan, the Milan section having replaced the one initially planned in London. The allocation of competence between local division and central division is set by Article 33 of the Agreement on a Unified Patent Court.

The competence of the local division

First, infringement actions, actions for provisional measures and actions for damages are brought before the local division of the State where the infringement occurred or may occur, or before that of the State where the defendant has its residence or place of business. Next, the counterclaim for revocation raised in response is examined by the same local division, which may decide it itself, refer it to the central division while proceeding with the infringement action, or refer the whole case to the central division with the agreement of the parties. Finally, the local division sits as a panel of three judges of different nationalities, including one or two judges from the host State, and a technically qualified judge may be added. France hosts a local division in Paris.

The competence of the central division

The central division hears revocation actions brought as principal actions and actions for declarations of non-infringement, as well as infringement actions against a defendant established outside the Union. Cases are distributed between the seat and the sections according to the technical field of the patent, based on the International Patent Classification. The Paris seat handles in particular performing operations and transporting, physics and electricity. The Rules of Procedure can be consulted on the website of the Unified Patent Court.

Key points

In practice, the choice of division is a strategic choice: the local divisions have developed different practices on bifurcation, language and provisional measures, and the Paris local division has established itself as an active forum. The firm pleads before the Paris local division and before the central division, as presented on the page lawyer before the Unified Patent Court.

Pour aller plus loin : la première décision au fond de la division locale de Paris.