Article 80
Print this pagePublication of decisions
The Court may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of information concerning the Court's decision, including displaying the decision and publishing it in full or in part in public media.
Case Law
Court of First Instance
IPPT20250115, UPC CFI, LD Vienna, Swarco v Strabag
No apparent reasons that would make publication of the decision necessary (Article 80 UPCA). When exercising discretion, the purposes of deterring future infringers and raising public awareness, as pursued by Art 80 UPCA, must be taken into account. The patent proprietor's (plaintiff's) interest in prevention, which goes beyond the specific infringement case, must be taken into account when weighing up the interests of the parties to the proceedings.
IPPT20250114, UPC CFI, LD Düsseldorf, Ortovox v Mammut
No publication of the decision (Article 80 UPCA) requires that the plaintiff's interest in the publication outweighs the necessary consequences of such publication for the defendant. As a rule, such publication is only considered if the plaintiff's protection is not already guaranteed by other measures.
IPPT20241104, UPC CFI, LD Milan, Oerlikon v Bhagat
No publication of decision (Article 80 UPCA). Does not appear necessary because it is not proportionate in the light of the limited infringing phenomenon; the certain detriment to the defendant that would result from such publication appears in fact greater than that which the limited tort ascertained so far requires.
IPPT20241031, UPC CFI, LD Düsseldorf, Sodastream v Aarke
No publication of decision (Article 80 UPCA). The Claimant´s interests are already satisfied by the effects of the other orders made by this decision on the merits. The right of publication includes a further element of punishment. Publication should therefore only be granted if the protection of the Claimant is not provided effectively and sufficiently ensured by the other measures ordered. This is not the case here.
