UPC CFI, LD Dusseldorf, 16 April 2025, Bekaert v Siltronic: Preserving evidence may concern individual acts of infringing use and distribution
15-07-2025 Print this pageIPPT20250416, UPC CFI, LD Düsseldorf, Bekaert v Siltronic
An order to preserve evidence and conduct an inspection may serve to secure evidence of individual acts of use (Article 60 UPCA, Article 25 UPCA).
The list of measures for preserving evidence of R. 196. RoP is not exhaustive (Article 60(2) UPCA). The specific measures required must always be decided in light of the applicant's interest in preserving evidence, taking into account the circumstances of the individual case.
Apart from that, the related documents expressly mentioned in R. 196.1 (c) RoP can easily be interpreted as referring to distribution. Evidence of the distributor's use typically includes delivery notes, invoices, etc.
