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ARTICLE · 18 MAY 2026

LD Düsseldorf, May 6, 2026, Order, UPC_CFI_1536/2026

Bardehle Pagenberg
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Ex parte inspection at trade fairs justified where concrete risk of evidence destruction exists (Art. 60 UPCA, R. 192, 197 RoP)

GermanyIntellectual Property

1. Key takeaways

Ex parte inspection at trade fairs justified where concrete risk of evidence destruction exists (Art. 60 UPCA, R. 192, 197 RoP)

The Court ordered ex parte inspection of a machine exhibited at a trade fair. The Applicant credibly demonstrated that the Defendant could remove the machine or deactivate pre-programmed processes via software update, rendering evidence of infringement irretrievably lost (R. 197.1 RoP).

The Applicant showed it had no alternative access to the machine due to its high price (up to EUR 300,000), personalized sales channels, and the absence of known mutual customers. The trade fair presented the only realistic opportunity for evidence gathering.

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