If infringement action is the main action, which court has ordinary competence?

Prepare for the DIPR Jurisprudence Test. Utilize flashcards, multiple-choice questions, and comprehensive explanations to enhance your understanding and readiness for the exam.

The key idea here is identifying the default forum for a civil action over a patent infringement. In ordinary civil procedure, the default jurisdiction is the court of the defendant’s domicile or habitual residence—the defendant’s ordinary competent court. This standard setup ensures the defendant can be properly served, can present a defense, and can be reached under general procedural rules, regardless of where the infringement allegedly occurred or where the patent was granted.

So, even though infringement might be alleged to have happened in a particular place or the patent’s registration or grant happened elsewhere, those factors do not override the defendant’s ordinary court as the default venue for the main infringement action. The other options point to locations that are not the general default forum: the place of registration is a technical detail of IP ownership, not a general jurisdiction rule; the place where the infringement occurred could be relevant under special rules in some systems but is not the ordinary competence; and the court where the patent was granted has no general jurisdictional primacy over infringement actions.

Therefore, the ordinary competent court of the defendant is the best answer because it aligns with the standard rule for initiating civil actions, including patent infringement, in the absence of a specific special jurisdiction.