UPC CFI LD Munich, 13 September 2024: Corporate directors may be liable for injunctive relief as intermediaries
15-10-2024 Print this page
Claim interpretation (article 69 EPC). The skilled person reads the claim in a way that makes technical sense and that takes into account the entire disclosure of the patent and with a mind willing to understand the claim in context. The same applies to the description and the drawings, although their purpose must be taken into account, namely to describe or illustrate the basic concept of a claimed invention by means of detailed examples. Protection sought pursuant to the description and the drawings can only be protected when expressed in the claim. If several embodiments are presented in the description as being in accordance with the invention, the terms used in the patent claim are to be understood, in case of doubt, in such a way that all embodiments can be used to fulfil them.
A patent infringer is the person who appears as the manufacturer or supplier or gives the impression to the targeted public that he is the person who manufactures and/or sells the goods in his own name and for his own account (Article 25 and 26 UPCA, EU Enforcement Directive).
Intermediary. In case of a patent infringement by a corporation its directors may be liable for injunctive relief as intermediaries but not for damages (Article 63(1) UPCA)
