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Injunctions, proportionality and enforcement in UPC case law

How the UPC's first-instance divisions and the Court of Appeal decide on injunctions and corrective measures (Art. 63, 64 UPCA, R. 118 RoP): discretion and proportionality, sell-off and transition periods, public interest, penalty payments, enforcement and security (R. 118.8, R. 352, R. 354 RoP) and recall, removal from the channels of commerce and destruction.

decisions in the dossier
116
of them Court of Appeal
17
steps of the test
7
As of
6 Oct 2026

The steps of the test

The dossier orders the decisions by the steps of the legal test. For each step: the question it is about and the number of decisions addressing it.

  1. 1. Order and discretion (Art. 63 UPCA)

    Does an injunction follow from the infringement, and how much discretion does the court have?

    75 decisions

  2. 2. Proportionality and interests

    Can an injunction be disproportionate, and which interests of the parties and third parties count?

    29 decisions

  3. 3. Sell-off and transition periods

    Does the UPC grant the infringer a sell-off or transition period?

    10 decisions

  4. 4. Penalty payments

    How does the UPC set penalty payments for breaches of an order, and when does it impose them?

    102 decisions

  5. 5. Enforcement and security (R. 118.8, R. 352 RoP)

    From when and under which conditions is the injunction enforceable, and does it depend on security?

    80 decisions

  6. 6. Recall, removal and destruction (Art. 64 UPCA)

    When does the UPC order recall, removal from the channels of commerce or destruction, and at whose cost?

    70 decisions

  7. 7. Line of the Court of Appeal

    Which general principles on injunctions, proportionality and enforcement has the Court of Appeal laid down?

    16 decisions

Selected passages

One decision per step – Court of Appeal first, then the most cited, then the newest – with a verbatim quote from the decision. The selection is not a legal assessment.

Step: Order and discretion (Art. 63 UPCA)

“Accordingly, where the proprietor files an infringement action and the Court finds that an intellectual property right has been infringed or is threatened to be infringed, it shall issue an order prohibiting the continuation of the infringement unless there are special reasons for not doing so“
Court of Appeal, 25 Nov 2025, UPC_CoA_464/2024, para. 189 · Decision on the UPC website

Step: Proportionality and interests

“Dies rechtfertigt es jedoch nicht, im Regelfall von der Anordnung der Abhilfemaßnahmen abzusehen. Wenn wegen der festgestellten Patentverletzung der Patentinhaber mit einem weiteren patentverletzenden Gebrauch der angegriffenen Ausführungsformen rechnen muss, rechtfertigt die bestehende Gefährdungslage regelmäßig die …“
Court of Appeal, 3 Oct 2025, UPC_CoA_534/2024, para. 137 · Decision on the UPC website

Step: Sell-off and transition periods

“The Court of Appeal also rejects Respondents’ request for a grace period of one month in view of the contemplated design around. The Application was filed in June 2025, which provided sufficient time to the Respondents to perform the necessary preparations for the launch of a potential design around“
Court of Appeal, 17 Apr 2026, UPC_CoA_901/2025, para. 198 · Decision on the UPC website

Step: Penalty payments

“The Court considers a penalty payment of up to € 250,000 for each violation of the cease-and-desist order, and a penalty payment of up to € 100,000 for each day EOFlow fails to comply with the information order, to be reasonable.“
Court of Appeal, 30 Apr 2025, UPC_CoA_768/2024, para. 70 · Decision on the UPC website

Step: Enforcement and security (R. 118.8, R. 352 RoP)

“Consequently, other than Kodak submits, orders that are only enforced by means of the possible forfeiture of a penalty sum do not require translation, since pursuant to R. 354.4 RoP this enforcement is to be effected through the Court who issued the decision.“
Court of Appeal, 14 Oct 2025, UPC_CoA_699/2025, para. 51 · Decision on the UPC website

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Quotes are verbatim from the decisions; the version published by the court is authoritative. Not legal advice. Coverage and numbers