To date, these measures have been little requested (5 cases out of 67 infringement actions as of December 21, 2023).
The granting of these measures is not automatic, and the applicant must provide first evidence of infringement, motivate an ex parte examination of the application and demonstrate the existence of a risk that the evidence disappears.
The Paris local division issued a first order in November 2023.
In the present case, the local division issued the order ex parte. Applying its discretionary power, it ruled that, given the risk of evidence disappearing, it was necessary to issue the order without hearing the defendant. The Milan local division followed a similar reasoning in issuing an order in another case.
The local division appointed a judicial expert assisted by a bailiff to carry out the measures. It also authorized a single representative of the patent owner to attend the proceedings. As in French practice, however, the presence of an employee of the patent owner was prohibited.
Regimbeau’s UPC representatives are familiar with French “saisie-contrefaçon” measures and are ready to assist their clients in these new measures for preserving evidence before the UPC.
