1. Key takeaways
Requirements for suspensive effect of an appeal
An appeal shall only be granted suspensive effect if the circumstances of the case justify an exception. This may be the case for orders of communication of information according to Art. 67 UPCA. However, the risk of irreparable harm, if the suspensive effect is not granted, has to be substantiated.
The provisions of Art. 67 UPCA mirror those of Article 8 on the right of information of the Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (hereafter the "Enforcement Directive") which, among other measures, is designed to ensure a high level of protection in all Member States of the European Union, and allows precise information to be obtained on the origin of the infringing goods or services, the distribution channels and the identity of any third parties involved in the infringement (Enforcement Directive, Preamble para. 21).
It follows that the communication of information belongs to measures that, when so ordered, are necessary to ensure a high level of protection. It is thus only under exceptional circumstances that the enforcement of such measures may be suspended under R. 223 RoP.
Even if disclosure of the information pending the appeal would to some extent undermine the purpose of the appeal against this part of the impugned decision, in the present case the applicant has not shown that the appeal becomes devoid of purpose without suspensive effect and that its interests in maintaining the confidentiality of the information pending the appeal outweigh the respondent's interests in immediately obtaining information on the origin and distribution of applicant's products in order, inter alia, to prevent further infringements.
2. Division
Court of Appeal
3. UPC number
UPC_CoA_434/2025
4. Type of proceedings
procedural application for suspensive effect, R. 223 RoP
5. Parties
NUC Electronics Co., Ltd
vs
Hurom Co., Ltd.
6. Patent(s)
EP 2 028 981
7. Jurisdictions
Place jurisdictions
8. Body of legislation / Rules
Rule 223 RoP, Art. 74 (1) UPCA, Art. 67 UPCA
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
