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UPC: Access to Files Does Not Constitute Acceptance of Jurisdiction

July 28, 2026

In this order, the Court of Appeal addresses the question of when a defendant implicitly accepts the international jurisdiction of the Unified Patent Court. Merely accessing the case file before taking an active procedural step or a defense action does not constitute a conscious decision regarding the jurisdiction of the Unified Patent Court. Only when the defendant files their first submission on the merits (preliminary objection pursuant to Rule 19 of the Rules of Procedure or statement of defense pursuant to Rule 23 et seq. of the Rules of Procedure) do they make a conscious decision to accept or dispute the international jurisdiction of the Unified Patent Court instead of the court that would generally have jurisdiction under the provisions of the Brussels Ibis Regulation. (UPC 27. 3. 2026, CoA 409/2025, CoA 410/2025, CoA 420/2025)