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No need for first instance inventory proceedings in injunction proceedings - Phoenix Contact/Harting (ECJ)

ECJ, Judgment of April 28, 2022 - C-44/21

Law applied:

TFEU Art. 267; Directive 2004/48/EC Art. 9 I.

Summary:

Article 9 I of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights must be interpreted as precluding national case-law under which the grant of provisional measures for infringement of patents is in principle refused if the patent at issue has not survived at least first instance opposition or revocation proceedings.

ECJ, Judgment of April 28, 2022 - C-44/21

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