Article 121 — International jurisdiction

1. Subject to the provisions of this Regulation and to any provisions of Regulation (EU) No 1215/2012 applicable by virtue of Article 118 of this Regulation, proceedings in respect of the actions and claims referred to in Article 120 of this Regulation shall be brought in the courts of the Member State in which the defendant is domiciled or, if the defendant is not domiciled in any of the Member States, in any Member State in which the defendant has an establishment. 2. If the defendant is neither domiciled nor has an establishment in any of the Member States, such proceedings shall be brought in the courts of the Member State in which the plaintiff is domiciled or, if the plaintiff is not domiciled in any of the Member States, in any Member State in which the plaintiff has an establishment. 3. If neither the defendant nor the plaintiff is so domiciled or has such an establishment, such proceedings shall be brought in the courts of the Member State where the Office has its seat. 4. By way of derogation from paragraphs 1, 2 and 3 of this Article: (a) Article 25 of Regulation (EU) No 1215/2012 shall apply if the parties agree that a different EU design court is to have jurisdiction; (b) Article 26 of Regulation (EU) No 1215/2012 shall apply if the defendant enters an appearance before a different EU design court. 5. Proceedings in respect of the actions and claims referred to in Article 120, points (a) and (d), may also be brought in the courts of the Member State in which the act of infringement has been committed or threatened.