The cross-border impact of the UPC in Spain. Impact of the CJEU

ruling – BSH-Electrolux

Although Spain remains outside the European unitary patent system, the Unified Patent Court (UPC) has recently issued its first ruling granting provisional measures with effect in Spanish territory. The case pits Dyson, a company based in the United Kingdom, a non-EU country, against Dreame, whose headquarters are in Hong Kong. What is noteworthy is that the UPC’s decision extends to Spain, among other territories, despite not being a party to the Unitary Patent Agreement.

In recent months, the issue has regained relevance following the ruling of the Court of Justice of the European Union in the BSH-Electrolux case, which, by analogy, clarifies that in countries outside the unitary system, the UPC cannot rule on the validity of a patent, although it can do so with regard to possible infringements.

The Court, based on the Brussels I bis Regulation, has indicated that if the defendant is based in a contracting state of the UPC Agreement, the Court has jurisdiction. Although Spain remains outside the unitary agreement, the UPC can issue provisional measures for infringements of European patents affecting this territory.

Furthermore, this ruling highlights the growing influence of the UPC in resolving patent disputes, even in countries that have decided not to actively participate in the unitary system. The Court’s ability to issue orders for provisional measures in territories outside its direct reach could change the way companies manage their industrial property disputes, broadening their approach to a more integrated European environment.

Link to the resolution: click here

November 06, 2025