Cross-border injunction

The conventions together cover the European Union, Iceland, Norway, Switzerland, Aruba and all French territories.

A legal basis for cross-border injunctions may amongst others be found in Article 6(1) (most instruments) or Article 8(1) (EU regulation 1215/2012), providing that "a person domiciled in a Member State to also be sued For a period in the late-1990s, national courts issued cross-border injunctions covering all Brussels regime jurisdictions, but this has been limited by the European Court of Justice (ECJ).

[1] In particular, the court set forth in grounds 41 of case C-539/03 that "Article 6(1) of the Brussels Convention ... does not apply in European patent infringement proceedings involving a number of companies established in various Contracting States in respect of acts committed in one or more of those States even where those companies, which belong to the same group, may have acted in an identical or similar manner in accordance with a common policy elaborated by one of them".

The court ruled that "Article 16(4) of the Convention … is to be interpreted as meaning that the rule of exclusive jurisdiction laid down therein concerns all proceedings relating to the registration or validity of a patent, irrespective of whether the issue is raised by way of an action or a plea in objection".

Exclusive jurisdiction under Article 22(4) applies irrespective of whether a patent proprietor is sued for revocation or whether an alleged infringer asserts invalidity in inter partes proceedings.