Decision keyword:
Milk frother
Law applied:
UPCA Art. 24 para. 1 lit. c, Art. 32 para. 1, Art. 69, Art. 83 para. 3
UPCA R. 5.6, 5.8, R. 5A, R. 211.1, R. 265
EPC Art. 69(1), Art. 83(4), Art. 138(1)(A)
Official Guidelines:
(1) A request for provisional measures - like a complaint - renders the use of the exception rule under R 5 of the RoP (“opt-out”) ineffective. The blocking mechanism has the effect that the jurisdiction of the UPC can no longer be withdrawn.
(2) The scope of protection of a European patent is to be interpreted on the basis of Art 69(1) EPC together with its interpretative protocol in conjunction with Art 24(1)(c) UPCA.
(3) In proceedings for interim measures, the successful defendant may be finally awarded procedural costs upon request. The applicant cannot successfully claim the costs of these proceedings as the unsuccessful party, even if the proceedings on the merits are successful.
UPC (Local Chamber Vienna), order of 13.09.2023 - UPC_CFI_182/2023-
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