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ARTICLE · 13 NOVEMBER 2024

CD Paris, November 5, 2024, Revocation Action, UPC_CFI_315/2023

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

Bardehle Pagenberg

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The Court does not evaluate reasons for revocation that the Claimant has not raised.

FranceIntellectual Property

1. Key takeaways

The Court does not evaluate reasons for revocation that the Claimant has not raised.

The Claimant defines the scope of evaluation for a revocation action.

If a party, in its first submission, raises an argument and the other party takes issue with this argument in reply, the party may further substantiate its initial argument in its second submission.

The parties are under an obligation to set out their full case as early as possible (Preamble RoP 7, Rule 44 RoP). A failure to do so may lead to the exclusion of arguments. However, in order to secure fairness and equity of the proceedings (Preamble RoP 5), it may be admissible to further substantiate an argument raised in the first submission in a second submission.

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