IP Quick Tip: The Limits Of UPC Cross-border Powers (Video)

The recent judgement of the Court of Justice of the European Union in "BSH versus Electrolux" strengthens the options for cross-border patent litigation. What are the implications for the Unified Patent Court – and in which countries is an injunction now possible before the UPC?

Before the UPC, now an injunction can cover up to 39 EPC countries, provided the defendant is domiciled in a UPC Member State. For defendants outside of the EU, the jurisdiction of the UPC for injunctive relief is limited to the 18 UPC Member States.

Notably, the UPC cannot grant injunctions for third countries like the USA, even if the defendant is based in a UPC Member State. This limitation arises because the UPC is only competent for European patents and Unitary Patents.