Topics: Evidence
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CoA, March 16, 2026, Order concerning review of an ex parte order for inspection, UPC_CoA_3/2026
In ex parte inspection proceedings, the applicant must disclose all material facts relevant to the request, including those that may weigh against it: The Court of Appeal emphasizes that, in ex parte proceedings, the applicant’s duty is not limited to presenting the facts supporting the requested inspection. Under R. 192.3 RoP, the applicant must also…
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LD Paris, February 4, 2026, Order, UPC_CFI_583/2025
An order to produce evidence under Art. 59 UPCA and R. 190 RoP requires the claimant to present reasonably available and plausible evidence supporting its infringement claim.: The claimant must specify evidence within the defendant’s control. The Court’s order is subject to safeguards for confidential information and the right against self-incrimination (Art. 59(1) UPCA). The…
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CoA, December 3, 2024, appeal decision on request for preliminary measures, UPC_CoA_297/2024
When the Court adjudicates on an application for provisional measures pursuant to R. 211.2 RoP in conjunction with Art. 62(4) UPCA, a sufficient degree of certainty (see also Art. 9(3) Directive 2004/48/EC) requires that the court considers on the balance of probabilities, that it is more likely than not, that the Applicant is entitled to…
3 min Reading time→
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