Topics: Forfeiture
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CoA Luxemburg, August 17, 2026, appeal against an order on forfeiture of penalties, UPC_CoA_87/2026
A defendant addressed by an injunction must control third parties and platforms used to market the attacked product, to ensure compliance with the order (Art. 82(4) UPCA, R. 354 RoP).: Where a defendant assigns tasks to third parties to fulfil an injunction, or provides content to a third-party marketing platform, it remains responsible for ensuring…
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LD Düsseldorf, June 22, 2026, Decision, infringement action UPC_CFI_811/2024
Injunctions are not subject to the five-year limitation period under Art. 72 UPCA — no time bar applies to injunctive relief.: Art. 72 UPCA caps only claims for financial compensation. The deadline runs five years from the moment the claimant learns of the last infringing act. Injunctions, by contrast, look to the future, so this…
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