Part 3 of the RoP UPC deals with provisional measures. Pursuant to Rule 205, provisional measures are dealt with by way of summary proceedings, which consist of:
“(a) a written procedure; and (b) an oral procedure, which may include an oral hearing of the parties or of one of the parties”.
Consequently, Rule 212 of the RoP UPC provides for provisional measures proceedings without hearing the defendant. According to Rule 212(1), this is the case “where delay would be likely to cause irreparable prejudice to the applicant“. According to Rule 206(3), the applicant must state the reasons why the defendant should not be heard.
Such a case had to be decided by the Local Division Düsseldorf with Presiding Judge Thomas, Presiding Judge Klepsch as legally qualified judge and legally qualified Judge Kupecz.
The report on this decision by Dr. Michael Wallinger we provide you in our section on the unitary patent(in the updates). It has been also published at EPLIT.
