UPC COA , 9 December 2025 : Award of damages , reputational damage of image
23-01-2026 Print this pageIPPT20251209, UPC COA, Bhagat v OerlikonÂ
Award of damages (Art. 68 (1) UPCA, Rule 112 RoP).
Knowledge of Infringement.
An active stakeholder in the industry is expected to monitor the patent landscape before exhibiting its product on the market and should have reasonable grounds to know about the existence of the Patent and the infringing nature of the attacked embodiment. Failure to do is negligent.
No reputational damage
Submissions relying on general statements are not sufficient to establish a reputational damage of image.
No moral prejudice
Submitted additional evidence does not support the existence of moral prejudice caused to the respondent. It merely indicates that the appellant was present at a trade fair and explains the functioning of the attacked embodiment.
