argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: Inventions of employee - ownership - competent jurisdiction

On 8 September 2022, with the judgment in case C-399-21, the CJEU ruled on the jurisdiction of international disputes concerning the ownership of the inventions made by the employee, affirming the inapplicability to them of art. 24 of the Brussels 1-bis Regulation, which attributes disputes relating to the registration and validity of patents to the exclusive jurisdiction of the courts of the member state in whose territory the title was issued. According to the European judges, determining the ownership of an invention is a question that relates not so much to the existence or validity of the patent title, as to its object, with the consequence that there is no need to attribute its exclusive competence to judges who have a material and legal proximity to the register.