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ARTICLE · 02 APRIL 2025

LD Brussels, March 21, 2025, Order On Application For Provisional Measures, UPC_CFI_582/2024

Bardehle Pagenberg
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The preliminary objection pursuant to R. 19.(b) RoP relates to proceedings on the merits. This is based on procedural economy and the (extended) timeframe...

BelgiumIntellectual Property
Saskia Mertsching
Saskia Mertsching
Michael-Wolfgang Waschak
Michael-Wolfgang Waschak
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1. Key takeaways

Rule 19.1(b) RoP does not apply to objections to provisional measures due to their expedited nature

The preliminary objection pursuant to R. 19.(b) RoP relates to proceedings on the merits. This is based on procedural economy and the (extended) timeframe within which the
parties in infringement actions, revocation actions and actions for declaration of non-infringement must present their arguments. An application for "provisional" measures does not follow such an extended timeframe, because the procedure itself already follows an accelerated timeframe ("summary procedure").

On Urgency: The objective earliest filing date for a UPC action is the European patent's grant date, not the date when the unitary effect was registered

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