Article 72

Period of limitation

Without prejudice to Article 24(2) and (3), actions relating to all forms of financial compensation may not be brought more than five years after the date on which the applicant became aware, or had reasonable grounds to become aware, of the last fact justifying the action.

Case Law:

IPPT20260622, UPC CFI, LD Dusseldorf, Evac v Shanghai VacDrain

Preliminary objection on international jurisdiction dismissed – Patent infringed, permanent injunction granted. (Article 25 UPCA , Article 26 UPCA , Article 63 UPCA, Rule 19.1(a) RoP)  . No basis for statute of limitations in connection with the injunction sought (Article 72 UPCA, Article 24(2) , (3) UPCA) Pursuant to Art. 72 UPCA , notwithstanding Article 24(2) and (3) of the UPCA, actions relating to all forms of financial compensation must be brought no later than five years after the claimant became aware of, or reasonably should have become aware of, the last event giving rise to the action. 

IPPT20251210, UPC CFI, LD Dusseldorf, MAS Maschinen v Altech
No statute of limitation for damages sought as of September 2013 (Article 72 UPCA). Defendant interpretation that Article 72 UPCA imposes a time limit on financial claims relating to past events, finds no basis in the wording of the provision. 

IPPT20250717, UPC CFI, LD Mannheim, Fujifilm v Kodak

Defendants err, that the information being rendered in the course of enforcement proceedings may only be used until the termination of proceedings or until five years after receipt of such information (pointing to Art. 72 UPCA.). The decision is enforceable in various jurisdictions for a much longer time than five years.

IPPT20240411, UPC CFI, LD Paris, ARM v ICPillar
UPC has jurisdiction over infringement acts that began before 1 June 2023 and continued after this date and that are not covered by the period of limitations. This applies on the basis of Articles 3(c), 32(1)(a) and 72 UPCA.