Topics: Art 69 UPCA
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CD Milan, March 13, 2026, Order on Application for Security for Costs, UPC_CFI_927/2025
Key takeaway Security for costs under Art. 69(4) UPCA / R. 158 RoP may be ordered where the claimant’s own financial situation gives rise to a legitimate and real concern that a future costs award may not be recoverable or enforceable.: When assessing security for costs, the UPC looks at the financial position of the…
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CD Milan, March 13, 2026, Order and Decision on Costs, UPC_CFI_722/2025
A revocation action becomes devoid of purpose once the patent has been finally revoked in EPO opposition proceedings: The Milan Central Division held that, once the Opposition Division had revoked the patent in its entirety and that decision had become final because no appeal was filed, the UPC revocation action no longer served any purpose…
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Court of Appeal, June 20, 2025, order concerning security for costs (R. 158 RoP), UPC_CoA_393/2025
Security for costs can only be requested by defendants, not claimants, in infringement or revocation actions: According to Art 69 (4) UPC Agreement (UPCA), at the request of the defendant, the court may order the claimant to provide adequate security for the legal costs and other expenses incurred by the defendant which the claimant may…
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CD Paris, March 31, 2025, Order of the Court of First Instance, UPC_CFI_412/2023
Limited Scope of Rectification Under Rule 353 RoP: Rectification under Rule 353 RoP is limited to obvious errors (clerical mistakes, errors in calculation, obvious slips) evident from the decision’s reasoning – in other words, a discrepancy between the judge’s intended decision and its material representation, provided that this can be deduced from a comparison between…
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Court of Appeal, February 19, 2025, order on release of cost security, UPC_CoA_217/2024
R. 352.2 RoP is applied by way of analogy with regard to the release of security for legal costs.: R. 352.2 RoP directly concerns the release of a security for enforcement but should be applied by way of analogy in a case in which security for legal costs has been deposited and afterwards the action…
1 min Reading time→
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