No Time Restriction On Competence Of The UPC

A recent decision of the Court of Appeal of the UPC has held that the competence of the UPC extends to acts of infringement committed before the entry into force of the UPCA.

Background and summary

The present appeal related to a dispute between ESKO-Graphics and XSYS. The European patent in question, EP 3 742 231 B1, was opted-out from the UPC and the opt-out was subsequently withdrawn. The question at issue was whether the UPC still has jurisdiction over any alleged infringement action that occurred in the time period prior to the effective date of the withdrawal.

In summary, the Court held that there was no time restriction on the competence of the UPC. In particular, the Court concluded that the UPC is competent to decide on alleged acts of infringement both before the entry into force of the UPCA and in the time period between the effective date of an opt-out and that of a withdrawal.