Availability to the public of pleadings or evidence. Article 45 UPCA means that the written procedure of the Court shall, in principle, be open to the public unless the Court decides to make it confidential, 

Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions (see e.g. Rule 4.1 RoP). It is the sole responsibility of the parties that this is done properly and timely. The Court will try to be helpful where possible in resolving CMS related issues. Submissions and...

Extension and alignment of deadline for lodging Statement of Defence granted as agreed. Extension and alignment of deadline for lodging Preliminary Objection because of procedural advantage and representative for defendants helping to make a prompt and successful service  of the Statement of Claim possible though...

Consent by holders of copyright and related rights is required to be obtained only in the Member State in which the program-carrying signals are introduced into the communication chain running to the satellite. Such communication to the public by satellite is deemed to take place only in the Member State in which the...

Preliminary objection is to be dealt with in the main proceedings for reasons of procedural economy and efficiency (Rule 20.2 RoP). The Court in its Preliminary Order also expressed its understanding that the Preliminary objection relates to the Court´s jurisdiction only in respect of the German part of the European...

Pursuant to Rule 262A(4) RoP, the representative of the other parties must be invited to submit written comments prior to making any order. However, in the interest of effective protection of secrets, the requirement to be heard before issuing an order only applies to the final order of a secrecy order and access...

Use of official forms available online, which also include separate workflows within the CMS, required (Rule 4(1) RoP).  No security for the legal costs and other expenses (Rule 158 RoP) ordered. It requires a showing that the financial circumstances of the other party give rise to fears that any claim for...

Urgency and irreparable because evidence may soon no longer be available in the territory. Ex parte (Rule 197(1) RoP): The applicant has sufficiently explained that irreparable damage may be caused to if the defendant is heard, because it is feared that in that case the infringing products will no longer be available...

Rule 262(1) RoP requires that the application be made by a third party - private or public - with respect to the parties to the proceedings. A lawyer who declares himself to be the defendant's advocate, asserting that he only has the power of attorney to access the documents of the proceedings but not to enter an...

Rule 262(1)(b) RoP requires a concrete, verifiable and legally relevant reason, i.e. more than just any (fictitious) reason. In other words: a legitimate reason is required for making available written pleadings and evidence to a member of the public. Otherwise, this provision and the distinction made would seem to be...

Valid service Statement of claim on 4th defendant via 1st defendant, who is one of its directors. In the opinion of the Local Division, knowledge may be presumed pursuant to Rule 275(2) RoP if either a legal relationship exists after which knowledge may be imputed or concrete circumstances exist which establish...

Withdrawal of action prior to final decision because of settlement (Rule 265 RoP). Claimant shall be reimbursed by 60 % of EUR 31.000, which is EUR 18.600.

In its decision of 10 October 2023 in G1/22 and G2/22 the Enlarged Board of Appeal of the EPO ruled that it is is competent to assess whether a party is entitled to claim priority under Article 87(1) EPC. The Enlarged Board underscored that a distinction is to be made between (a) the title to a European patent...

Valid date of service of statement of claim with Annexes (Rule 271 RoP). A Statement of claim, even if it refers to or announces the later submission of Annexes, can be validly served on a defendant, provided that the Statement of claim without the Annexes enables the defendant to assert its rights in legal proceedings...

The case law of the Unified Patent Court – operational since 1 June 2023 – and the applicable regulations are available in English at IP-PortTal (ippt.eu) under a separate page and menu UPC.

UPC case law will be published in the specific IPPT-format. They are published by date of the decision under “Unified Patent...

Provisional measure (article 62 UPCA, Rule 211 RoP). Sufficient degree of certainty that the patent is valid. Prevailing likelihood (“überwiegende Wahrscheinlichkeit”) – more likely than not – is required and sufficient. Interest of the right holder in not having his rights infringed outweighs the interest of the...

Infringing use of a trade mark 9(2)(a) Regulation 2017/1001. The operator of an online sales website incorporating, as well as that operator’s own sales offerings, an online marketplace may be regarded as itself using an EU trade mark where third-party sellers offer for sale, on that marketplace, without the consent of...

International jurisdiction. Active conduct with a sufficient connecting factor with the Member State of which the public is targeted when an undertaking pays the operator of a search engine website with a national top-level domain of a Member State other than that in which it is established, in order to display, for...

For right of information of article 8 of the Enforcement Directive, the applicant must show he is actually the holder of the IP right in question. Applicant must provide any reasonably available evidence enabling the court to satisfy itself with a sufficient degree of certainty that the applicant is the rightholder. It...

The Kingdom of Denmark has failed to fulfil its obligations under article 13(3) of Regulation No 1151/2012 on food and agricultural products: it did not prevent Danish dairy producers from using the protected designation of origin (PDO) 'feta' to designate cheese that does not comply with the specification of that PDO...