= Unified Patent Court Agreement =

== ARTICLE 5 ==

=== Liability ===

(1) The contractual liability of the Court shall be governed by the law applicable to the contract in question in accordance with [[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:177:0006:0016:EN:PDF|Regulation (EC) No. 593/20081 (Rome I)]], where applicable, or failing that in accordance with the law of the Member State of the court seized.

(2) The non-contractual liability of the Court in respect of any damage caused by it or its staff in the performance of their duties, to the extent that it is not a civil and commercial matter within the meaning of [[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:199:0040:0049:FR:PDF|Regulation (EC) No. 864/20071 (Rome II)]], shall be governed by the law of the Contracting Member State in which the damage occurred. This provision is without prejudice to the application of [[UPCA_022|Article 22]].

(3) The court with jurisdiction to settle disputes under paragraph 2 shall be a court of the Contracting Member State in which the damage occurred.