BMS Innovations, LLC v. BYD Company Ltd and others, Procedural Order UPC CFI Paris Local Division, 14 April 2026, Case no. UPC_CFI_2070/2025
Headnotes
The Paris Local Division has no international jurisdiction over a defendant domiciled in a third country (non-UPC, non-EU), who is not alleged to have committed any act of infringement within the territory of a Member State of the European Union.
“Since the defendant is not domiciled within the territory of the European Union or the UPC, and the acts of which it is accused take place exclusively within the territory of a third country (neither a UPC nor an EU member state), there is no connection with the territory of the UPC or European Union whatsoever.
“In these circumstances it is not appropriate to declare a division of the UPC competent to hear the action, concerning that defendant. The UK defendant cannot be expected to be sued before the UPC where its acts are limited to UK territory.
“Consequently, the Paris Local Division has no international jurisdiction over a defendant domiciled in a third country (non-UPC, non-EU), who is not alleged to have committed any act of infringement within the territory of a Member State of the European Union.”
The Order can be read here.
