Case number and/or case name
D.W.E. v Universitair Medisch Centrum Utrecht, UMC Utrecht Holding BV, T.C.; M.B.; B.J. and Elana BV - C.09.0563.N - Cass., 1 October 2010
Details of the court
Belgium, Third Instance
Articles referred to by the court
Date of the judgement
30 September 2010
CJEU's case law cited by the court
Summary
The claimant asks to be recognised as the legitimate applicant for two European patents and to deny the defendants the right to file an application. Art. 22(4) Brussels I Regulation is to be interpreted as meaning that the rule of exclusive jurisdiction laid down therein concerns all proceedings relating to the registration or validity of a patent, irrespective of whether the issue is raised by way of an action or a plea in objection.
Art. 22(4) does not comprise the proceedings relating to the question of rightful ownership and the right to file an application for a European patent. Since these proceedings do not require the proximity of the court and are not closely related to the patent law of the Member State concerned, they are subject to the general rules on jurisdiction of the Brussels I Regulation.