EXCLUSIVE JURISDICTION IN PATENT ENTITLEMENT AND OWNERSHIP DISPUTES UNDER THE RECAST BRUSSELS I REGULATION

Exclusive jurisdiction in intellectual property (IP) disputes has been the subject of many court decisions in recent years, both in the EU and beyond. The judgment of the CJEU in 'IRnova v FLIR' is the latest European development in this area (8 September 2022, C-399/2, EU:C:2022:648). It concerns the interpretation of Article 24(4) of the Brussels I Regulation 1215/ 2012 (Brussels Ia), which confers exclusive jurisdiction on the courts of the Member State of deposit or registration "in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, irrespective of whether the issue is raised by way of an action or as a defence". In its judgment, the CJEU not only held that this article does not apply in entitlement and ownership disputes based on inventorship, but it also denied its application to patents registered in non-EU states.