Source: EURLEX
Language: en
Format: md

[JURE SUMMARY](#SM)

## JURE SUMMARY

An American company licensed one of its patents to another company which produces and commercialises a vaccine competing with the one of a Belgian company. Thereupon, the latter brought an action before the Tribunal de première instance of Brussels (BE) for the suspension of the effects of the patents concerned and to authorise it to pursue the manufacture and commercialisation of the vaccine in all the countries designated by these patents. The American company brought an action before the tribunal d’arrondissement of the Hague (NL) to forbid the plaintiff of any counterfeit of its patent. The president of the tribunal d'arrondissement of the Hague (NL) suspended the hearing on the basis of Article 21(2) Brussels Convention.
The Tribunal de première instance of Brussels (BE) declares that it has no jurisdiction. It reminds that according to Article 4 Brussels Convention, the rules on jurisdiction do not apply when the defendant is not domiciled in a Contracting state. Article 4 applies subject to Article 16(4), which establishes an exclusive jurisdiction in matters relating to patents, however as the registration was made outside Belgium, it cannot found the jurisdiction of the Belgian courts. The court adds that this jurisdiction cannot be found on Article 24 Brussels Convention, as the measures requested by the Belgian company (suspension of the patents' effects) do not fulfil the concept given by the ECJ, according to which, provisional or protective measures are measures which are intended to preserve a factual or legal situation so as to safeguard rights, the recognition of which is sought elsewhere from the court having jurisdiction as to the substance of the matter (ECJ 26. 3. 1992 – C-261/90 - Reichert II). In this case, these measures are not intended to preserve a factual or legal situation, since they concern the existence of the intellectual property rights which the American company hold on the basis of the grant of theses patents.

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