Rules of Procedure of the Unified Patent Court (RoP)

Rule 274

Service outside the Contracting Member States

1. Where a Statement of claim is to be served outside the Contracting Member States, it may be so served by the Registry:

   • (a) by any method provided by:
     

     • (i) Regulation (EC) No 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (“the EU Service Regulation”) where it applies but respecting the rights of the recipient granted by the Regulation; or
       (ii) The Hague Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters 1965 (“the Hague Service Convention”) or any other applicable convention where it applies; or,
       (iii) to the extent that there is no such convention in force, either by service through diplomatic or consular channels from the Contracting Member State in which the Registry is established; or,
       

     (b) by any method permitted by the law of the state where service is to be effected.
2. No Statement of claim may be served in a manner which is contrary to the law of the state where service is effected.

3. The Registry shall inform the claimant of the date on which the Statement of claim is deemed served under Rule 274.1.

4. The Registry shall inform the claimant if for any reason service pursuant to Rule 274.1 cannot be effected.

Notes

Status: 15th draft of 31st May 2013