UPC CFI, LD Mannheim, 20 April 2026: anti-anti-suit-injunction granted regarding Chinese interim license
01-06-2026 Print this page
Ex parte anti-anti-suit injunction granted prohibiting the defendants from pursuing a Chinese “interim licence” (Article 32 UPCA, Article 56 UPCA, Article 62 UPCA, Article 7 Brussels I).
The Court has jurisdiction and competence. The place where the threatened infringement of the applicants’ patent rights is to occur lies within the jurisdiction of the UPC. The applicants would be prevented from enforcing their patents, which fall within the exclusive jurisdiction of the UPC.
Right to block interim licence. The patent includes a right to judicial enforcement. This right is safeguarded by Art. 47 EU Charter (access to justice), Art. 6 ECHR and the Enforcement Directive. The Chinese “interim licence” qualifies as anti-suit measure as it effectively prevents enforcement of patents in other jurisdictions. The measure aims to stop patentees from obtaining injunctions in other courts, including the UPC. There is no valid reason to prevent a patentee from enforcing its rights in another jurisdiction. Using such measures to block foreign proceedings is contrary to principles of comity and EU legal order. It interferes with access to justice and enforcement of IP rights. The interim licence allows defendants to rely on a licence defence worldwide. The measure deters patentees from enforcing rights as there is a risk of penalties and legal consequences discourages litigation. This leads to a de facto enforcement of foreign decisions in the EU without recognition procedures, undermining international procedural law.
