Inadmissible because it conflicts with jurisdictional regime of article 33(1) and (4) UPCA. Even if the plaintiff had been granted a right to choose between the local and the central division when bringing the infringement action pursuant to Art. 33(5), first sentence, UPCA, the exercise of this right to choose in...

No change of language of proceedings from French to the language of the patent (English) rejected (Rule 322 RoP, Article 49 UPCA). The plaintiff, a Korean company, chose to bring its action in French, which is respectful of the rights of the defendant, a French company established in France. Neither the nationality of...

Court orders that steps already taken to bring the Statement of claim to the attention of the UK defendants by an alternative method or at an alternative place is good service (Rule 275(2) RoP). The Statement of Claim to Arm Limited, Apical Limited, Simulity Labs Limited and SVF Holdco, is deemed to be served on 7...

Applicant opted for German language proceedings and objected to application to change the language of the proceedings to English. If request for simultaneous interpretation is rejected, the parties shall, as a rule, be authorised to engage a simultaneous interpreter at their own expense upon their timely request.

Rule 262A RoP confidentiality club: embership  should not be greater than necessary to ensure that the right of the parties to the proceedings to an effective remedy and a fair trial is respected and must include at least one natural person from each party and the respective lawyers or representatives.  Is, in...

Order following interim conference (Rule 105(5) RoP): 1. Document D18 is admitted into the proceedings. The parties and the judge-rapporteur agreed that D18 was admitted into the proceedings on the condition that the Defendant has until 11 April 2024 to file a succinct reply to the submission and the declaration...

Article 4 of the Paris Convention has no direct effect in the European Union: the right of priority for filing a Community design application is governed by Article 41 of Community Design Regulation. General Court erred in law in directly applying Article 41(1) Community Design Regulation to right of priority based on...

Amazon Services Europe belongs to the Amazon group. Its business activities comprise online retail and other services such as cloud computing and digital streaming. It provides marketplace services to third-party sellers enabling them to offer products for sale via Amazon Store.
 

By a decision of 23 April 2023, adopted...

Italian legislation under which independent collective management organisations established in another Member State are excluded from copyright management is incompatible with EU law. The legislation constitutes a restriction on the freedom to provide services that is neither justified nor proportionate. 

Protection of confidential information (Rule 262 RoP, Rule 262A RoP). Redacted commercial information in the Statement of Defence, shall be kept confidential and excluded from public access (Rule 262 RoP). the Statement of Defence contains information regarding notably sales figures and revenues, which are indeed...

Alternative method of service of Statement of Claim (Rule 275(1) RoP). As regards Poland service under section 1 or 2 could not be effected. Court authorizes three alternative methods, which appear to be good service and comply with the law of the country where service is to be effected (Rule 275(4) RoP), as they...

Extension and alignment of deadline for filling Statement of Defence by multiple defendants in accordance with agreement between the parties at case management hearing, which is considered reasonable by the judge-rapporteur (Rule 9(3) RoP, Rule 23 RoP, Rule 334 RoP).

Forced intervention admissible for defendant Laser Components regarding its supplier, which is liable to indemnify Laser Components and should be bound by the decision in the infringement action (Rule 316A RoP)

Interim decisions following case management hearing (Rule 334(d) RoP, Rule 336 RoP, (Rule 105(5) RoP): Reserving right to schedule an interim conference (Rule 35(b) RoP). Allowing pleadings until the conclusion of the written procedure, which in addition to the topics addressed in the Rules of Procedure, may also...

No extension of deadline (Rule 9(3) RoP): no objective impossibility to meet deadline. No allegation, nor let alone evidence, of a difficulty in arranging a proper defence, rather the possibility that the submissions of pleadings in due time may be useless in case the Court will allow the preliminary objection. The...

Claimants’ requests for a decision by default against the defendants in the main proceedings pursuant to Rule 355 (1)(a), 277 RoP and for a rejection of the Counterclaims for revocation is rejected. Time limits for filing the Statement of defence and the Counterclaim for revocation extended to 7 February 2024, as it...

Because of article 9(2) Trade Secrets Directive and Rule 262A(6) RoP at least one natural person from a party must have access to confidential information, even though such is not provided for in article 58 UPCA. In the interest of effective protection of “confidential information” protection the requirement to invite...

Set time limit of 1 March 2024 for replying to defendant’s statement of objection not extended to the conclusion of the confidentiality procedure of Rule 262A RoP (Rule 9(3) RoP). The redacted version of the statement of objection was already available to all representatives of the applicant as well as to the applicant...

Interim report after interim hearing in relation to combing actions (Rule 9 RoP, Rule 101 RoP). Request for interim conference after interim hearing rejected in view of the opportunity to be heard in relation to its requests and the combining of both actions at the present hearing. Case management instructions in...

Unanimous requests by all parties to refer a counterclaim for revocation to the Central Division for decision will be granted unless strong counterarguments require a different decision. Provisional decision to proceed with the infringement proceedings (article 33(3) UPCA). In the exercise of its discretion, the Panel...