Exclusive Jurisdiction of the UPC During the Transitional Period Unless Opted Out

Agreement on a Unified Patent Court, Arts. 32 and 83; Regulation (EU) No. 1215/2012, Art. 27; Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, Art. 25; Law No. 218/1995, Art. 11; Industrial Property Code, Art. 52 ‒ Atlantis Product 1. ‘Concurrent’ jurisdiction of the Unified Patent Court and national courts during the transitional period does not mean that the proprietor is free, in any given case, to select the court where proceedings are initated. 2. Unless the patent proprietor has expressly opted out of the Unified Patent Court’s jurisdiction, disputes concerning European patents must be brought exclusively before the Unified Patent Court. 3. The scope of protection is determined not by what the patent ‘does not exclude’, but by what it affirmatively claims.