IPPT20231228, UPC CFI, CD Munich, Astellas v Healios
The Court will wait for the outcome of the Appeal Proceedings on the application of Rule 262 RoP before proceeding with the present Application for access to written pleadings and evidence. The Applicant is to submit the final Court of Appeal decision in the Appeal...

Trademark infringement and repackaging of generic drug in outer packaging with branded reference drug by parallel importer? The proprietor of the trade mark of a reference medicinal product and the trade mark of a generic medicinal product may oppose the placing on the market of a Member State, by a parallel importer...

Application to intervene in appeal refused. Interest in the result of the action (Rule 313(1) RoP) means a direct and present interest in the grant by the Court of the order or decision as sought by the party, whom the prospective intervener whishes to support and not an interest in relation to the pleas in law put...

Request for discretionary review and appeal allowed of decision of the judge-rapporteur not to allow review of order by the panel that a preliminary objection is to be dealt within the main proceedings (Rule 220(3) RoP). As a general principle, unless provided otherwise, a case management decision or order made by the...

Referring use of a trade mark. Use of a trademark for the purpose of identifying or referring to goods or services is allowed when such use is necessary to indicate the intended purpose of the product (a gift card). Article 6(1)(c) of Directive 2008/95 must be interpreted as meaning that it covers use of the trade mark...

Article 9(7) of the Enforcement Directive does not preclude strict liability-based national legislation which provides for a mechanism for compensation for any injury caused by a provisional measure in the context of which the court is entitled to adjust the amount of damages by taking into account the circumstances of...

Relationship between EU competition law and copyright online videogames: The General Court confirms that geo-blocking of keys enabling activation for the platform Steam is an infringement of EU competition law. In agreeing bilaterally to that geo-blocking, the operator of the Steam platform, Valve and five PC video...

Press release: "Leading European IP boutique HOYNG ROKH MONEGIER has promoted Roeland Grijpink to partner.

Roeland joined the team in Amsterdam in 2012. His practice covers all areas of intellectual property law, with a special focus on patents. His clients include multinationals as well as SMEs and innovative startups...

Provisional measure rejected: no sufficient certainty (“ausreichender Sicherheit”) that the products infringe the patent (article 62 UPCA). If the antenna can be assigned to at least a significant part of the rear housing surface, a violation cannot be established. Costs caused by a protective letter as costs of the...

Settlement of application for preliminary measures by a declaration and undertaking of discontinuance by the defendant. There is an unintended regulatory gap in this respect; the consequences of the settlement of proceedings concerning the adoption of interim measures are not expressly regulated in the Rules of...

The trend continues: fears of bifurcation seem overrated. In a procedural order of 19 December 2023 in Nutricia v Nestlé, the UPC Local Division Düsseldorf ruled for the third time in three consecutive orders to hear the invalidity counterclaim in a pending infringement action. 

Requests by Appellant for shortening the time period for filing the Statement of response by Respondent in appeals rejected; disproportionate to the time the Appellant has itself taken for the Statement of appeal (Rule 9 RoP, Rule 224 RoP).

The jurisdiction of an EU trademark court regarding a counterclaim for invalidity on the basis of article 124(d) EUTMR is not limited to the scope of the infringement proceedings.
 

Fair compensation for private use of broadcasts broadcasting organisations (Article 5(2)(b) Copyright Directive (2001/29)): article 5(2)(b) Copyright Directive 2001 precludes national legislation which excludes broadcasting organisations, whose fixations of broadcasts are reproduced by natural persons for private use...

Damage compensation for intentional or negligent infringement of plant variety rights (Article 94(2) Regulation 2100/94) should reflect actual damages and cannot be set at a lump sum of 4x the average amount of the licence fee: article 18(2) of Commission Regulation (EC) No 1768/95 of 24 July 1995 is invalid. 

Enforcement competence collective management organisation (Article 4 Enforcement Directive): for the status of collective management organisations to seek, in their own name, the application of measures, procedures and remedies applies (i) in addition to the condition relating to the direct interest in the defence of...

The provisions of the Brussels 1-bis Regulation do not apply to a counterclaim for revocation, which is to be included in the Statement of defence (Rule 25(1) RoP, Rule 270 RoP). At the request of the claimant, the Court clarifies that the time limit for filing the Defence to the Counterclaim for revocation and any...

Parties to address whether a third party requesting access to documents under Rule 262 RoP needs to be represented as a party before the UPC under Rule 8 RoP.

After leave granted to amend the case by Order of 11 December 2023 by including a second patent, the defendants may comment on the question whether the two patents  are to be heard in separate proceedings (Rule 302(1) RoP). The legal hearing to be granted to the defendants can be granted most clearly within the CMS by...

Leave to amend the case by including a second (related) patent (EP 3678321) (Rule 263 RoP). The requirements for a refusal of admission are not met. The court is convinced that the amendment in question could not have been made earlier with due diligence. If both patents are jointly managed within the same infringement...