Ferdinand M.J.J. Duijnstee v Lodewijk Goderbauer. [1983] EUECJ R-288/82 (15 November 1983)

Ferdinand M.J.J. Duijnstee v Lodewijk Goderbauer. [1983] EUECJ R-288/82 (15 November 1983)

Article 19 of the Brussels Convention requires national courts to declare of their own motion that they lack jurisdiction when exclusive jurisdiction lies with another contracting state under Article 16, even if not raised by the parties. The term 'proceedings concerned with the registration or validity of patents' is an independent concept and does not cover disputes between employee and employer over entitlement to a patent arising from employment.

Citation
[1983] EUECJ R-288/82
Parties
Applicant: Ferdinand M. J. J. Duijnstee; Respondent: Lodewijk Goderbauer
Jurisdiction
European Union
Judgment Date
15 November 1983
Procedural Posture
Reference for Preliminary Ruling / Appeal in Cassation
Outcome
preliminary ruling issued
Legal Topics
Jurisdiction, Patents, Employment Law
Civil Procedure Intellectual Property Jurisdiction Patents Employment Law

Case Brief

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Parties

Ferdinand M. J. J. Duijnstee

Applicant

Lodewijk Goderbauer

Respondent

Procedural Posture

Reference for Preliminary Ruling / Appeal in Cassation

Legal Issues

  1. 1 Interpretation of Articles 16(4) and 19 of the Brussels Convention regarding exclusive jurisdiction in patent matters
  2. 2 Scope of 'proceedings concerned with the registration or validity of patents'
  3. 3 Obligation of national courts to declare lack of jurisdiction ex officio

Ratio Decidendi

Article 19 of the Brussels Convention requires national courts to declare of their own motion that they lack jurisdiction when exclusive jurisdiction lies with another contracting state under Article 16, even if not raised by the parties. The term 'proceedings concerned with the registration or validity of patents' is an independent concept and does not cover disputes between employee and employer over entitlement to a patent arising from employment.

Court Disposition

preliminary ruling issued

Orders

  • National courts must declare lack of jurisdiction ex officio under Article 19 when exclusive jurisdiction exists under Article 16.
  • 'Proceedings concerned with the registration or validity of patents' is an independent concept with uniform application.