Topics: Art. 29 Brussels Ibis
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LD Paris, July 30, 2026, order concerning a preliminary objection, UPC-CFI-1901/2026
Re lis pendens (Art. 29 Brussels I recast): – Here, the UPC was not “the court first seized” based on the date on which the application for provisional measures was filed before the UPC.– The earlier application for provisional measures before the UPC and the later filed national French action for revocation of the SPC,…
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LD Düsseldorf, September 6, 2024, order of the court of first instance, UPC_CFI_165/2024 and UPC_CFI_166/2024
Existence of infringement is assessed on the basis of UPC law without recourse to national patent law: Art. 25 UPCA (right to prevent the direct use of the invention) constitutes uniform substantive law and Art. 62 (1) UPCA (provisional and protective measures) uniform procedural law, which takes precedence over national patent laws so that these…
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