Proceedings on the merits and proceedings on provisional measures may be lodged separately before the UPC, but it may also be the case that as part of the infringement case provisional measures are requested. In such a case before the Helsinki local division the first instance court held that the UPC was not competent (see CFI 214/2023). In appeal it now appears that the proceedings on the merits and the proceedings on provisonal measures should be looked at individually when determining the deadline for appeal.
Case date: 26 April 2024
Case number: CoA 500/202323089/2024596892/2023
Court: UPC Court of Appeal, Luxembourg
A full summary of this case has been published on Kluwer IP Law
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