Key takeaways
Infringement of traditional European patents (“bundle patents”): The applicable substantive law depends on whether the act was committed after the entry into force of the UPCA on June 1, 2023 (then UPCA), before (then national laws), or is “ongoing” (then generally UPCA with exceptions).
If the assertedly infringing act was committed after the entry into force of the UPCA on June 1, 2023, the UPCA applies (“harmonized set of national law of the contracting member states”). If it was committed before, the substantive law of the respective national part of the bundle patent applies.
If an ongoing act started before the entry into force of the UPCA and continued thereafter, the UPCA applies in general. Whether infringing acts are “ongoing” and justify the application of the UPCA must be viewed from a normative and evaluative perspective. It is justified to apply the UPCA to ongoing acts, if the infringer continues its infringing behavior although he could have stopped the infringement in view of the entry into force of the UPCA on 1 June 2023. However, each party may rely on provisions of national laws for acts before 1 June 2023 if this is favorable to its position as compared to the provisions of the UPCA / RoP. That party bears the burden to provide the arguments on the national law to be applied.
The rights to information set out in the UPCA encompass time periods before the entry into force of the UPCA
The rights to information set out in Art. 67 UPCA and Art. 68 (3) (a) (b) UPCA, R. 191 sentence 1 alternative 2 RoP are to be interpreted to encompass time periods before the entry into force of the UPCA.
Division
LD Mannheim
UPC number
UPC_CFI_159/2024 ACT_17336/2024; UPC_CFI_162/2024 ACT_17365/2024
Type of proceedings
Main infringement action
Parties
Claimant: Hurom Co. Ltd.
Defendant(s): NUC Electronics Europe GmbH, WARMCOOK (UPC_CFI_159/2024) / NUC Electronics Co., Ltd. (UPC_CFI_162/2024)
Patent(s)
EP 2 028 981
Body of legislation / Rules
Art. 25 to 28 UPCA or national laws
