Examples of UPC Agreement in a sentence
The Unified Patent Court will have exclusive competence, thus replacing national courts, for the matters governed by the UPC Agreement.
The present proposal allows for the entry into force of the UPC Agreement, as foreseen in Art.
The UPC Agreement was signed on 19 February 2013 by most Member States.
The present proposal aims, firstly, at allowing the entry into force of the UPC Agreement.
The UPC Agreement regulates the internal distribution of competences between the different divisions of the Unified Patent Court and the enforcement of the judgments of the Unified Patent Court in the Contracting Member States.
Article 89(1) of the UPC Agreement provides that the Agreement cannot enter into force prior to the entry into force of the amendments to the Brussels I Regulation (recast) regulating the relationship between both instruments.
In December 2012, an agreement was reached on the so-called “patent package” – a legislative initiative consisting of two Regulations2 (the "Unified Patent Regulations") and an international Agreement (the "Unified Patent Court Agreement" or "UPC Agreement"), laying the ground for the creation of unitary patent protection in the European Union.
This is also relevant when the defendant is domiciled or habitually resident in a Member State which is not a Contracting Party to the UPC Agreement (e.g. a licensee domiciled in Spain had to perform an obligation under the license agreement in the Netherlands; proceedings are brought before the German central division instead of the Netherlands as place of performance of the obligation).
Since the Protocol modifying the 1965 Treaty on the Benelux Court of Justice raises identical issues as the UPC Agreement, both amendments should be made at the same time.
First, the amendments aim at ensuring compliance between the UPC Agreement and Brussels I Regulation (recast), and second, at addressing the particular issue of jurisdiction rules vis-à- vis defendants in non-European Union States.On 15 October 2012, the three Member States Contracting Parties to the Treaty of 31 March 1965 concerning the establishment and statute of a Benelux Court of Justice have signed a Protocol modifying the said Treaty.