Article 3

1. Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by this Directive. Those measures, procedures and remedies shall be fair and equitable and shall not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays.

2. Those measures, procedures and remedies shall also be effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

UPC Case Law

UPC Court of Appeal

IPPT20251125, UPC CoA, Meril v Edwards
In case of infringement, not granting an injunction requires a special reason (Article 63 UPCA, Article 11 Enforcement Directive) such as if an injunction would be disproportionate taking into consideration not only the interest of the parties to the litigation but also interest of third parties such as patients (Article 3 Enforcement Directive). The interests of the patients justify an exception to the right to injunctive relief and corrective measures if it is established that the infringing embodiment is the sole available treatment method or represents an improvement upon the available treatment methods, resulting in a notable enhancement of patient care. 

IPPT20250521, UPC CoA, Knaus Tabbert v Yellow Sphere.

No obvious error with regard to proportionality by orders for recall, removal from commerce and destruction of not only the contested frames, but the entire caravan. The patent does not protect individual components of minor importance, but rather the basic design of the caravan. Even if the disagreements between the parties, as argued by Knaus Tabbert, are only of a financial nature, the Order for destruction in particular may be justified. 

IPPT20241210, UPC CoA, NanoString v 10x Genomics
As a general rule revocation in appeal affects penalty payments. Revocation in appeal of a first instance provisional injunction has, as a general rule, retroactive effect (Article 75(1) UPCA, R. 242.1 RoP, Article 3 Enforcement Directive). The order is revoked because it has been established by a final judgment of the Court of Appeal that the order should not have been made. A revoked order must therefore be regarded as never having had any legal effect. It follows that the revocation of an order granting a provisional injunction prohibiting the continuation of infringements subject to a recurring penalty removes the legal basis for any subsequent decision ordering the payment of a penalty, even if that decision relates to alleged breaches of the provisional injunction prior to the revocation.  

UPC Court of First Instance

IPPT20251020, UPC CFI, CD Paris, Meril v Edwards Lifesciences
Injunction is the normal remedy to restrain future infringements, but court has discretionary power to where it would be disproportionate or would be unreasonably detrimental to the public interest, including the interests of third parties (Article 63 UPCA, Article 3 Enforcement Directive).To justify a public interest in the availability of the infringing embodiment, it is essential to demonstrate that this is the sole available treatment method or that it represents an improvement upon a known treatment method, resulting in a notable enhancement in patient care. Therefore, excluding a certain product from the range of those available to doctors for the performance of certain procedures does not engage in itself a relevant public interest, because it does not necessarily carry with it the implication that, had the choice not been available, all the patients could not have been treated adequately with the remaining products.  

IPPT20250731, UPC CFI, RD Nordic-Baltic, Texport v Sioen
Injunction. The fact that the public needs firefighter suits do obviously not lead to the conclusion that SIOEN should be allowed to continue infringing the Patent, especially since it is possible to get access to firefighter suits without buying infringing products from SIOEN. Hence, an injunction shall be granted.(Article 63 UPCA, Article 3 Enforcement Directive).