ARTICLE
19 March 2025

LD Munich, March 11, 2025, Order, UPC_CFI_201/2024

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Bardehle Pagenberg

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BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
The applicant of provisional measures has to "start proceedings on the merits" of the case within 31 calendar days (or 20 working days, whichever is longer) from the date specified in the Court's order.
Germany Intellectual Property

1. Key takeaways

Timely lodging of statement of claim upon order of provisional measures: payment of court fees relevant (not timing of receipt)

The applicant of provisional measures has to "start proceedings on the merits" of the case within 31 calendar days (or 20 working days, whichever is longer) from the date specified in the Court's order (R. 213.1 RoP). For the statement of claim to be "deemed to have been lodged" (R. 15.2 RoP), it is sufficient that the court fee "has been paid" while the timing of receipt by the court has no relevance.

2. Division

LD Munich, Panel 1

3. UPC number

UPC_CFI_201/2024

4. Type of proceedings

Provisional measures (request for revocation of order, application to review a case management order, application for re-establishment of rights)

5. Parties

Applicant: Syngenta Limited

Respondents: Sumi Agro Limited et al.

6. Patent(s)

EP 2 152 073

7. Body of legislation / Rules

Rule 15.2 RoP, Rule 213.1 RoP

dito

self

2025-03-11 LD Munich_UPC_CFI_201 2024

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