Key takeaways
Evidence preservation can secure proof of specific acts of infringement, e.g. use, import, or offering for sale (Art. 60 UPCA, R. 192 ff. RoP)
The UPC clarified that evidence preservation is not limited to proving the existence of infringing features but extends to demonstrating acts of infringement within the UPC’s jurisdiction.
This includes securing documents like delivery notes and invoices to trace the origin and supply chain of potentially infringing products, which is crucial for proving acts like import and distribution.
Applicants seeking evidence preservation must demonstrate a legitimate interest and unsuccessful attempts to obtain evidence through other means (Art. 60 UPCA)
The UPC requires applicants to show they’ve exhausted alternative avenues, such as requesting information from the alleged infringer or attempting a test purchase.
In this case, the claimant’s unsuccessful attempts to obtain information from the defendant and the impracticality of a test purchase due to market dynamics and prior disputes were deemed sufficient to establish a legitimate interest in evidence preservation.
Seizing documents like delivery notes and invoices to establish the origin and supply chain of allegedly infringing products is crucial for proving infringement, particularly import and distribution (Art. 60 UPCA, R. 196.1 RoP)
The UPC emphasized that such evidence is essential for building a successful infringement claim and cannot be withheld for disclosure solely during the main proceedings.
The UPC mandates confidentiality safeguards, including requiring the applicant’s representatives to maintain secrecy regarding any confidential information obtained during inspections.
The court expert shall keep information confidential R. 186.5 RoP.
Additionally, the court ordered the expert to return all samples and documents to the court after completing the report to prevent misuse and ensure their safekeeping.
Division
Local Division Düsseldorf
UPC number
UPC_CFI_539/2024
Type of proceedings
Proceedings for inspection and preservation of evidence
Parties
Applicant:
Bekaert Binjiang Steel Cord Co. & Ltd.
Respondents:
Siltronic AG
Hinterberger GmbH & Co.KG
Patent(s)
EP 3 212 356 B1
Jurisdictions
UPC
Body of legislation / Rules
Art. 60 UPCA, R. 192 ff. RoP, R. 196.1 RoP, R. 186.5 RoP
