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Journal of Intellectual Property Law & Practice Advance Access originally published online on November 14, 2006
Journal of Intellectual Property Law & Practice 2006 1(13):858-860; doi:10.1093/jiplp/jpl180
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© The Author (2006). Published by Oxford University Press 2006. All rights reserved

Is cross-border relief in European patent litigation at an end?

Marc Döring and Francis van Velsen *

The first 150 words of the full text of this article appear below.

The ECJ decisions in GAT v LuK and Roche v Primus appear to have prohibited cross-border relief, bringing the Dutch and the German patents courts (which were willing to grant such relief in certain circumstances) in line with the English Patents Court (which has always refused to grant such relief). However, the decisions still enable the Dutch and German patents courts to continue to grant cross-border relief in certain circumstances. Whether they will do so remains to be seen.

Before the ECJ decisions, the Dutch Supreme Court considered that issues of infringement and validity of a European patent—which by virtue of the European Patent Convention (‘EPC’) is construed (at least in theory) in the same way across EPC Member States1— are separable. Accordingly Article 22(4) of the Brussels Regulation, which expressly reserves jurisdiction regarding patent validity to the courts of the country where the patent is registered, does not . . . [Full Text of this Article]


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