At first instance, the Court will consist of a number of national or regional chambers and a Central Division divided into three sections located in Paris, London and Munich (of course, the London division will depend on the UK’s continued participation in the UPC post Brexit).
Infringement actions will mainly be brought before the national or regional chamber where infringement is alleged to have occurred or alternatively before the national or regional chamber where a defendant is domiciled. Revocation actions will be brought before one of the sections of the Central Division. The section in Munich will handle cases concerning mechanical inventions, the section in London will be responsible for chemical and pharmaceutical inventions, and all other inventions, such as electronics and telecoms, will be handled by the section in Paris.
National chambers can be established in any participating Member State. Alternatively, two or more countries can choose to establish a joint regional chamber. It is expected that (subject to Brexit) national chambers will be established in all of the countries where there is currently a significant amount of patent litigation, such as the UK, Germany, France, the Netherlands and Italy. In Germany, it is expected that multiple chambers will be established, most likely in the same locations as the existing German Courts which handle a significant amount of patent litigation, namely Mannheim, Düsseldorf and Munich.
A regional Swedish/Baltic chamber will be established jointly by Sweden and the Baltic States.
If no local or regional court is established in a particular jurisdiction, infringement actions concerning infringement in that jurisdiction or against defendants domiciled in that jurisdiction can be brought before the Central Division, as may any action against a defendant who is domiciled outside of the EU.
Appeals against decisions made at the first instance of the Unified Patent Court will be heard in the Court of Appeal based in Luxembourg.
If matters of EU law arise, the UPC will have jurisdiction to refer questions of law to the Court of Justice of the European Union, and may have to do so in certain cases.