Unified Patent Court
Ein einheitliches Patentgericht für die Mitgliedstaaten der Europäischen Union
The UPC is a court common to the Contracting Member States (Article 1.2 of the UPC Agreement), in which it has exclusive jurisdiction. However, decisions and orders like for example a provisional injunction can under certain circumstances be enforced outside the territories of the Contracting Member States in accordance with the Brussels Ia Regulation 1215/2012 (see in particular Art. 71c(1) and 35 Brussels Ia Reg. 1215/2012).
Usually this will not be the case, but where necessary to avoid any delay which could cause irreparable harm to the patent proprietor, or where there is a demonstrable risk of evidence being destroyed, the UPC will have the power to grant – without the other party having been heard (ex parte) – provisional and protective measures (injunctions, seizure or delivery up) (Article 62(5) of the UPC Agreement). Similarly, the UPC may, ex parte, order measures to preserve evidence or inspect premises and grant freezing orders (Articles 60(5) and 61(2) of the UPC Agreement; see also Rule 212 of the Rules of Procedure of the UPC).
These provisions in the UPC Agreement correspond to Articles 7(1) and 9(4) of Directive 2004/48/EC on the enforcement of intellectual property rights (https://eur-lex.europa.eu/legal-content/EN/LSU/?uri=celex:32004L0048).