Friday, May 5 2023   \  Published by Veneer Shipley .

Remedies at the Unified Patent Court

Remedies at the Unified Patent Court

While many of the remedies available at the UPC will be familiar to patentees, the size of the market covered by the UPC member states and subject to the jurisdiction of the UPC provides interesting opportunities for those looking to enforce their rights in Europe.

Here we provide a brief summary of the provisional and protective measures, injunctions, and final remedies available before the UPC, and discuss how parties concerned about potential infringement actions may be able to improve their position.

Provisional measures

Under Article 32(1) of the Agreement on a Unified Patent Court (UPC Agreement), the UPC has “exclusive competence” in respect of “actions for provisional and protective measures and injunctions”. These provisional measures provide interim remedies for parties, including the possibility of preliminary injunctions, and are available even before the commencement of proceedings on the merits of a case. That being said, the measures are time limited, so applicants will need to act quickly. An action leading to a decision on the merits of the case must be brought within 31 calendar days of the order (or within 20 working days, if longer). If no action is filed within that time, the measures cease to have effect and the applicant may be ordered to pay compensation. Read more

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