Order

Preliminary objection ex Rule 48/19.1(b) RoP. For determining competence of the divisions of the UPC in the context of Article 33.4 UPCA, second sentence, the central division needs to establish if a statement of claim to bring an infringement action has been lodged at a local or regional division and, if so, at what date and time this was done. Central division competent because revocation action was filed before the infringement action. Under the circumstances that the CMS has ceased to function, in accordance with Rule 4.2 RoP, a Statement of revocation may be lodged at the Registry seated in Luxembourg or at a sub-registry.

Preliminary objection, Rule 48/19.1(b) RoP, Article 33.4 UCPA, internal competence, competence central division (yes), date and time of lodging, Article 4.2 RoP, hard-copy lodging, Registry Rules