Article
UPC Court Of Appeal Confirms A Lighter-touch Test For Evidence Preservation Than For Provisional Measures
The Unified Patent Court's Court of Appeal has clarified the distinct procedural requirements for obtaining evidence preservation orders versus provisional measures, establishing that patentees need not demonstrate patent validity or justify preparation timelines when seeking to secure proof of suspected infringement. This landmark decision in TIRU v Valinea resolves critical questions about the scope of duty of candour and the threshold for ex parte relief in UPC proceedings.
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