Immaterialgüter- und Wettbewerbsrecht

Jurisdictional Issues in Perspective: Close Connection and Competence in the Context of the Unified Patent Court

Analysis of the relation between the jurisdiction of the UPC and the competence of its local and regional divisions. Assessment whether and how such competence should be defined according to the requirement of close connection.

Last Update: 20.10.16

The research is focused on the question to what extent the principles forming the foundation of jurisdictional rules in European Union Law as enshrined in the so-called Brussels system have an impact on the envisaged UPC system. The most prominent of those principles were identified as predictability and close connection. Those principles, or rather the general notion that the choice of for a should be limited, are considered to form a distinctive trait of jurisdictional rules as reflected in the founding treaties of the EU and in the Brussels system. For the UPC, this would mean that, different from the system as it is currently designed, it should not be possible to instigate infringement proceedings in all Member States participating in the UPCA, but that the available choices should be limited in accordance with the core principles identified above, i.e. predictability and cloe connection.


Doctoral Student

Taiana Guizardi

Doctoral Supervisor

Prof. Dr. Annette Kur

Main Areas of Research

Territorialität und ihre Bedeutung für das Internationale Immaterialgüterrecht