UPC Board of Appeal: International Jurisdiction
Article 7(2), in conjunction with Article 71b(1) of the Brussels Ia Regulation, must be interpreted to mean that the Unified Patent Court has international competence over an infringement action if the European patent asserted by the claimant is effective in at least one Contracting Member State of the (UPCA) Agreement on a Unified Patent Court and the alleged damage could occur in that particular Contracting Member State. If the damage is allegedly caused via the internet, the likelihood of such damage may arise because products and/or services can be obtained or used from a website accessible in the territory of the Contracting Member State in which the European patent is effective. The place where, under Article 33(1)(a) of the UPCA, the actual or threatened infringement has occurred or may occur must be interpreted in the same way as the place where, under Article 7(2) of the Brussels Ia Regulation, the harmful event occurred or may occur (Unified Patent Court, 3 September 2024, Court of Appeal 188/2024).