UPC CFI, CD Paris, 9 January 2025, illness of patent attorney no reason to set aside default judgment

01-02-2025 Print this page
Auteur:
Dick van Engelen
IPPT20250109, UPC CFI, CD Paris, ITCiCo Spain v BMW

Required explanation for setting aside a decision by default requires unforeseeable circumstances or force majeure (R. 356(2) RoP) means that the applicant must demonstrate that they were unable to comply with peremptory time limits or to appear at the oral hearing at which they were summoned (except as provided for in Rule 116 and 117 ‘RoP’) due to reasons beyond their control and therefore that the default is not attributable to their own fault but was caused by unforeseeable circumstances or force majeure. 

 

Non-availability of the defendant’s long-standing European Patent Attorney because of illness no excuse.

 

IPPT20250109, UPC CFI, CD Paris, ITCiCo Spain v BMW