The infringement claim and the two counterclaims for revocation will be heard together before the Munich Local Division (Article 33(3) UPCA, Rule 37 RoP). Both parties have argued that the action and the counterclaims should be heard together before the same court. The defendants have also agreed that everything should...

Finalisation of a confidentiality order under Rule 262A RoP. Defendant's forecast sales results are confidential information that must be treated as strictly confidential and may not be used or disclosed outside the present legal dispute, even after its conclusion. Access is limited to the plaintiff’s authorised...

(Article 49 UPCA, Rule 14(2)(c) RoP, Rule 118(8) RoP) After change of the language of the proceedings into English by the Court of Appeal at 17 April 2024, exceptional use is made of the possibility for German Local Divisions to issue and deliver an order in German together with a certified translation in order to make...

Neither the fact that a Preliminary Objection has been lodged nor the likelihood of success of the appeal against the rejection of the Preliminary Objection are relevant factors for deciding whether the proceedings should be stayed. No rapid decision is expected from the EPO (Article 33(10) UPCA, Rule 295(a) RoP). In...

Service by an alternative method (Rule 275 RoP) requires at least a first attempt of service in accordance with Rules 273 and 274 RoP. Since Defendants 1) and 2) as well as Defendant 5) are domiciled outside the territory of the contracting member states of the UPCA, service must be effected in accordance with Rules...

The decision whether or not to change the language of the proceedings into the language in which the patent was granted (Article 49 UPCA, Rule 323 RoP) shall be determined with regard to the respective interests at stake that has to be weighted, without it being necessary to constitute a disproportionate disadvantage...

Change of language of the proceedings into the language of the patent on grounds of fairness: all relevant circumstances shall be taken into account (Article 49 UPCA, Rule 323 RoP) These should primarily be related to the specific case and the position of the parties. If the outcome of balancing of interests is equal...

The name Pablo Escobar may not be registered as an EU trade mark The public would associate that name with drug trafficking and narco-terrorism On 30 September 2021, Escobar Inc., established in Puerto Rico (United States), filed an application with the European Union Intellectual Property Office (EUIPO) for...

The freedom to provide services (article 56 TFEU), read in conjunction with the Collective Management Directive (2014) precludes legislation of a Member State which generally and absolutely excludes the possibility of independent management entities established in another Member State providing their copyright...

Harmonised toy safety standards are part of Union law by virtue of their legal effect - overriding public interest requires their disclosure. The Commission should have acknowledged, in the decision at issue, the existence of an overriding public interest, within the meaning of the last clause of Article 4(2) of...

Respondent is the operator of a hotel in Munich. On November 17th in 2019, an episode of the television series "Wickie und die starken Männer" broadcasted by a public television channel was shown on television sets in the rooms and the fitness area of her hotel. The television signal was simultaneously and unchanged...

Preliminary objections concerning competence of the Paris Local Division dismissed (Rule 19(1)(b) RoP, Article 33(1)(b) UPCA). The Claimant has demonstrated that one of the defendants is domiciled in France, that all the defendants have a commercial relationship and that the action relates to the same alleged...

Time period for lodging appeal against procedural order’ (Rule 220(2) RoP, Rule 224(1)(a) RoP)
If an appeal is lodged against a ‘procedural order’ under Rule 220(2) RoP and leave (i) is granted in the impugned order itself, the Statement of appeal must be lodged within 15 days of service of that order containing the...

Composition of the panel of the Court of Appeal. When an appeal does not concern a field of technology, the Court of Appeal does not have to assign technically qualified judges (in the field of technology concerned) (Article 9 UPCA). Public access to written pleadings and evidence (Article 45 UPCA, Rule 262 RoP). Appea...

If Rule 271(1) RoP – service of Statement of claim at an electronic address provided for service  – applied in the First Instance, it also applies in appeal. In appeal proceedings, Chapter 2 – Service (Rules 270 – 279) of the Rules of Procedure (RoP) applies mutatis mutandis. Consequently, if during the proceedings at...

Extension of deadline to file Statement of Defence with three weeks rejected (Rule 9(3) RoP). Deadline to submit a written submission should not be extended lightly and should only be granted in circumstances that justify such extension. Defendants have failed to substantiate – other than with a general reference to ...

No access to written report and any other outcome of the measures to inspect premises and to preserve evidence and revocation of the measures to preserve evidence because applicant did not timely start proceedings on the merits (Article 60(8) UPCA, Rule 198 RoP, Rule 9(4) RoP). Restitution of all evidence gathered...

As Assistant Professor in Intellectual Property Law you will be welcomed in the team dealing with international economic law, and more particular intellectual property law. The intellectual property team comprises five academics with scientific backgrounds in law, economics, business, and social sciences.

As team member...

Appeal and the appellant’s request to set aside the orders of the Court of First Instance to rectify the name of the defendant (“Juul Labs, Inc”) to read “Juul Labs International, Inc.” rejected [Rule 9 RoP]. If the claimant has not correctly named the defendant in the statement initiating the proceedings, the Court...

Confidentiality club membership rules are to balance (i) the right to have unlimited access to the file documents  against (ii) the interest to protect confidential information, on the facts of a particular case (Article 58 UPCA, Rule 262A RoP). Whereas certain guidelines how this balance can be struck may be developed...