UPC Local Division Brussels, 21 September 2023: ex parte order to preserve evidence at symposium (article 60 UPCA).
24-10-2023 Print this pageIPPT2023921, UPC CFI, LD Brussels, Nelissen v OrthoApnea
Ex parte order to preserve evidence at symposium (article 60 UPCA).
Urgency and irreparable because evidence may soon no longer be available in the territory.
Ex parte (Rule 197(1) RoP): the applicant has sufficiently explained that irreparable damage may be caused to if the defendant is heard, because it is feared that in that case the infringing products will no longer be available at the symposium (Rule 192(3) RoP).
No reason for a confidentiality regime as no seizure of confidential materials is sought and seizure will be made of materials publicly available at a symposium.
No legal basis for order that the defendant has to cooperate.
Counsel and a technical adviser of applicant allowed to be present.
