Key takeaways
An obligation to refrain from an act also requires a permanent compliance with effective measurements to ensure that the compliance is uninterrupted and permanent, R. 354.4 RoP.
In the absence of any indication to the contrary, the obligation to refrain from an act which has created a continuing disturbance must generally be interpreted as encompassing not only the refraining from such acts, but also the performance of any feasible and reasonable acts necessary to remedy the disturbance. An obligation to refrain from an act is not limited to mere inaction but also encompasses the performance of acts to remedy a previously created disturbance, if compliance with the injunction can be achieved solely by such means (LD Düsseldorf, Order of 18. October 2023 – UPC_CFI_177/2023). In addition, the obligation also requires a permanent compliance with effective measurements to ensure that the compliance is uninterrupted and permanent.
A defendant is obliged to control third-parties which it assigns tasks to or which it grants the possibility to execute changes on behalf of the defendant
If a defendant uses the marketing platform of a third party and provides the content for it, it is the defendant’s obligation to make sure that the contents of that platform, even when automatically translated do not lead to a non-compliance with a court order.
A disclaimer is not sufficient – regardless of the dispute around its readability – when its content is contradicted by other information on the website or by a subsequent communication.
Division
LD Hamburg
UPC number
UPC_CFI_553/2025
Type of proceedings
Infringement proceedings; proceedings on penalty payments
Parties
Applicant: Occlutech GmbH
Defendants: Lepu Medcial Technology (Bejing) Co., Ltd., Lepu Medical (Europe) Cooperatief U.A.
Patent(s)
EP 2 387 951
Jurisdictions
UPC
Body of legislation / Rules
Art. 82 (4) UPCA; R. 354.4 RoP
