Key takeaways
Suspensive effect under Rule 223 RoP may be partially granted on a prima facie basis where thrid-country export controls impede immediate compliance
The Court of Appeal accepted, on a prima facie basis, that: (i) Chinese export-control law applied to the materials; (ii) required administrative procedures were incompatible with the fixed deadline; and (iii) non-compliance could expose the appellants to significant adverse consequences. Suspensive effect was granted until 15 July 2026, with a diligence obligation requiring active pursuit of the export authorisation procedure.
Division
Court of Appeal of the Unified Patent Court
(Impugned order: Local Division The Hague)
UPC number
UPC-CoA-76/2026
Type of proceedings
Appeal proceedings — Application for suspensive effect (R. 223 RoP)
Parties
Appellants / Defendants:
Xingi Technology Co., Ltd.
Jiangsu Jiuzhou Xingji High-Performance Fiber Products Co., Ltd.
vs.
Respondent / Claimant:
Avient Protective Materials B.V.
Patent(s)
EP 2 791 402
Jurisdictions
UPC
Body of legislation / Rules
R. 190 RoP
R. 223 RoP
