Topics: R. 192 RoP
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CoA, July 15, 2025, review of orders to preserve evidence, UPC_CoA_327/2025, UPC_CoA_002/2025
A request for preserving evidence does not require that this measure is sought without unreasonable delay. : It is necessary to distinguish between the assessment of urgency in the context of an application for preserving evidence (R. 194.2(a) RoP) and the assessment of urgency in the context of an application for provisional measures (R. 209.2(b)…
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LD Munich, May 28, 2025, Order, UPC_CFI_63/2025
Ex parte evidence preservation and inspection orders may be granted if the applicant provides sufficient evidence of likely infringement (Art. 60 UPCA, Rules 192, 197.3 RoP).: The court will grant such orders without hearing the defendant if the applicant submits all reasonably available evidence supporting a likelihood of patent infringement or threat thereof. The review…
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Court of Appeal, July 23, 2024, order on appeal, UPC_CoA_177/2024
Application for preservation of evidence or inspection of premises implies a request to disclose the report on the outcome: The legitimate purpose of the procedure for the preservation of evidence or the inspection of premises (Art. 60 UPCA, R. 192 et seq.) includes the use of the evidence to decide whether to initiate proceedings on…
3 min Reading time→
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