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| schestowitz[TR] | http://ipkitten.blogspot.com/2024/01/cjeu-damage-claim-for-unlawful.html?showComment=1705948152053#c1572670065851161898 | Jan 23 22:10 |
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| -TechBytesBot/#techbytes-ipkitten.blogspot.com | CJEU: Damage claim for unlawful provisional measures may be based on strict liability - The IPKat | Jan 23 22:10 | |
| schestowitz[TR] | "While IPKat M. Pensel seems more akin with TM, the present decision of the CJEU was about a SPC, which can be considered as a “derivative” of a patent.<br /><br />What applies to a rescinded PI on a SPC should apply mutatis mutandis to a rescinded PI on a patent. <br /><br />For instance, before granting a PI, the UPC would be well inspired to look whether there is an opposition pending at the EPO and what is the final result, | Jan 23 22:10 |
| schestowitz[TR] | i.e. not the OD’s decision, but that of a BA. From published decisions of the boards, it appears that a large proportion of decisions of OD’s are set aside by boards. <br /><br />If the opposition has just started, it appears important that the UPC evaluates itself the validity of the patent monopoly on the basis of the prior art filed by the opponent and the position thereon of the patentee. This evaluation will not be binding | Jan 23 22:10 |
| schestowitz[TR] | on the EPO, but diverging decisions on validity of the patent monopoly between the UPC and the EPO should be avoided. <br /><br />The UPC has been geared for quick decisions, but this increases the risk of diverging decisions on validity as the last word on it is, in case of an opposition, at the EPO and not at the UPC." | Jan 23 22:10 |
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