UPC Infringement Action – DO NOT Delay Requesting Provisional Measures

In the recent decision of the Brussels Local Division of the UPC (UPC_CFI_582/2024), the Court emphasized that if an applicant delays requesting provisional measures after obtaining all necessary information, this may indicate a lack of genuine interest in promptly enforcing rights. Such delays could render the request for provisional protection inappropriate.

The ruling stresses the need for patent holders to act quickly and provide adequate evidence to support their claims. The evidence gathering should start as soon as the patent holder becomes aware of the infringing act.

The decision also clarifies that:

• the date of the European patent's grant is considered the critical date for filing an action with the UPC or an action for provisional measures (such as a preliminary injunction), not the date when the patent acquires unitary effect.