Topics: Art. 74(2) UPCA
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CoA, 18 September 2026, appeal against a cost decision, UPC_CoA_121/2026
Under Art. 74(2) UPCA, appeals against revocation decisions have automatic suspensive effect, preserving patent status erga omnes, unlike the general rule in Art. 74(1) UPCA: – This automatic effect reflects the specific nature of validity decisions, which apply erga omnes. Unlike Art. 74(1) UPCA, where suspensive effect requires a motivated request showing exceptional circumstances, Art.…
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Court of Appeal, August 4, 2026, Order, UPC_CoA_121/2026
Suspensive effect under Art. 74(1) UPCA and R. 223.2 RoP is granted only exceptionally, where the applicant proves its interest in maintaining the status quo until the decision on its appeal exceptionally outweighs the respondent’s interest.: Relying on its own case law, the Court of Appeal confirmed that an exception may apply if the impugned…
2 min Reading time→
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