1. Key takeaways
Domestic Representative under German Patent Act Not Required for UPC Proceedings
The LD Mannheim clarified that Section 25(1) of the German Patent Act (GPA), which requires foreign patentees to appoint a domestic representative for proceedings before German authorities, does not apply to infringement actions before the UPC. The Court emphasized that the UPC is governed exclusively by its own procedural rules and is not subject to national procedural laws such as the GPA. Consequently, the absence of a registered domestic representative does not bar a claimant from asserting the German part of a European patent before the UPC.
The Court also rejected the argument that the claimant's failure to appoint a domestic representative infringed the defendant's right to bring a national nullity action under Article 83(1) UPCA. It held that this transitional option does not imply that national procedural requirements must apply within UPC proceedings. Even if such a requirement were relevant, the failure could be remedied, and would not justify a dismissal under Rules 361 or 362 RoP.
2. Division
LD Mannheim
3. UPC number
UPC_CFI_79/2025
4. Type of proceedings
Infringement action / Application to bar an infringement action pursuant to Rule 361 and Rule 362 RoP
5. Parties
Claimant:
Malikie Innovations Ltd.
Defendants/Applicants:
Discord Inc.
Discord Netherlands B.V.
6. Patent(s)
EP 3 716 655
7. Body of legislation / Rules
Rule 362 RoP, Rule 361 RoP
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