Key takeaways
Timely lodging of statement of claim upon order of provisional measures: payment of court fees relevant (not timing of receipt)
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The applicant of provisional measures has to “start proceedings on the merits” of the case within 31 calendar days (or 20 working days, whichever is longer) from the date specified in the Court’s order (R. 213.1 RoP). For the statement of claim to be “deemed to have been lodged” (R. 15.2 RoP), it is sufficient that the court fee “has been paid” while the timing of receipt by the court has no relevance.
Division
LD Munich, Panel 1
UPC number
UPC_CFI_201/2024
Type of proceedings
Provisional measures (request for revocation of order, application to review a case management order, application for re-establishment of rights)
Parties
Applicant: Syngenta Limited
Respondents: Sumi Agro Limited et al.
Patent(s)
EP 2 152 073
Body of legislation / Rules
Rule 15.2 RoP, Rule 213.1 RoP
