UPC CFI, LD Dusseldorf, 18 March 2026 : Advertising materials are excluded from destruction

20-05-2026 Print this page
Editor:
Navya Vade
IPPT20260318, UPC CFI, LD Düsseldorf, Cup&Cino v Alpina

Patent valid and infringed (Article 65 UPCA , Article 25(a) UPCA , Article 26 UPCA). 

 

Permanent injunction granted for recall and destruction of goods. (Article 63(1) UPCA) the defendant markets and uses the invention of the patent. 

 

Advertising materials are excluded from destruction because they are not covered by the wording of the law.  Article 64 (2)(e) UPCA)

The term “equipment” in Art. 64(2)(e) UPCA refers to materials and equipment used in the manufacture of the products

Purely promotional materials that merely depict the contested embodiments are not covered.

 

IPPT20260318, UPC CFI, LD Düsseldorf, Cup&Cino v Alpina