1. Key takeaways
Evidence preservation can secure proof of specific acts
of infringement, e.g. use, import, or offering for sale (Art. 60
UPCA, R. 192 ff. RoP)
The UPC clarified that evidence preservation is not limited to
proving the existence of infringing features but extends to
demonstrating acts of infringement within the UPC's
jurisdiction.
This includes securing documents like delivery notes and
invoices to trace the origin and supply chain of potentially
infringing products, which is crucial for proving acts like import
and distribution.
Applicants seeking evidence preservation must
demonstrate a legitimate interest and unsuccessful attempts to
obtain evidence through other means (Art. 60 UPCA)
