1. Key takeaways
Rule 19.1(b) RoP does not apply to objections to provisional measures due to their expedited nature
The preliminary objection pursuant to R. 19.(b) RoP relates to
proceedings on the merits. This is based on procedural economy and
the (extended) timeframe within which the
parties in infringement actions, revocation actions and actions for
declaration of non-infringement must present their arguments. An
application for "provisional" measures does not follow
such an extended timeframe, because the procedure itself already
follows an accelerated timeframe ("summary
procedure").
On Urgency: The objective earliest filing date for a UPC action is the European patent's grant date, not the date when the unitary effect was registered
An applicant is expected to be diligent in seeking a remedy against the alleged infringer, having gathered all necessary evidence, from the moment the infringement began or from the time the applicant became aware of said infringement. If the applicant has acted negligently or hesitated in requesting provisional measures after gathering all the necessary elements for a promising legal action (from an objective standpoint), it must be concluded that the applicant was not genuinely interested in promptly enforcing its rights. In such circumstances, it would be inappropriate for the Court to grant the requested provisional legal protection.
Since the UPC has substantive jurisdiction to hear infringement actions or provisional measures for European patents (Art. 3(c) UPCA in conjunction with Art. 32(1)(a) or (c) UPCA), it is not the date of the registration of the unitary effect that should be considered as the objective earliest date for filing an action with the UPC (either an action for infringement (Art. 32(1)(a) UPCA) or an action for provisional measures (Art. 32(1)(c) UPCA), but the date when the European Patent was granted.
2. Division
Local Division Brussels
3. UPC number
UPC_CFI_582/2024
4. Type of proceedings
Application for provisional measures
5. Parties
Applicant: BARCO NV
Defendants: YEALINK (XIAMEN) NETWORK TECHNOLOGY Co. Ltd. and YEALINK (EUROPE) NETWORK TECHNOLOGY BV
6. Patent(s)
EP 3 732 827
7. Body of legislation / Rules
R. 19.1 RoP; R. 206.1 RoP; R. 211.1 RoP
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.
