As a general rule revocation in appeal affects penalty payments.
Revocation in appeal of a first instance provisional injunction has, as a general rule, retroactive effect (Article 75(1) UPCA, R. 242.1 RoP, Article 3 Enforcement Directive).
The order is revoked because it has been established by a final judgment of the Court of Appeal that the order should not have been made. A revoked order must therefore be regarded as never having had any legal effect.
It follows that the revocation of an order granting a provisional injunction prohibiting the continuation of infringements subject to a recurring penalty removes the legal basis for any subsequent decision ordering the payment of a penalty, even if that decision relates to alleged breaches of the provisional injunction prior to the revocation.
IPPT20241210, UPC CoA, NanoString v 10x Genomics
