German courts now allow the service of claims on Chinese defendants by publication to ensure effective legal protection. The Regional Court of Frankfurt am Main confirmed this practice in a ruling from January 2025, stating that public service can take place without a prior failed attempt at service in China. This approach is based on Sections 185 and 188 of the German Code of Civil Procedure (ZPO) and aims to avoid delays caused by the complex service procedure under the Hague Service Convention (HSC), which often takes years or fails in China.
In contrast, the Unified Patent Court (UPC) follows a stricter approach, requiring an unsuccessful service attempt in China before permitting alternative methods. This leads to significant delays in patent disputes. While German courts pragmatically address long waiting times, the UPC adheres to formal service rules, which can be a crucial factor for claimants when choosing the appropriate court.
Read the full article by Dr. Marco Stief, published on the Managing IP website on 10.3.2025
