IP Quick Tip: Enforcement of UPC decisions

Show notes

Get informed about the UPC on our dedicated website: https://www.bardehle.com/en/upc-special

As a general rule, decisions and orders by the UPC are enforced in accordance with the law of the Member State where the enforcement takes place. However, if the UPC Agreement or the UPC’s Rules of Procedure include specific provisions for enforcement, these provisions prevail over those of national law.

This is relevant, for example, for the enforcement of injunctions, which is governed by Article 63 of the UPC Agreement and Rule 354(4) RoP. Similarly to German law, non-compliance with an injunction may be sanctioned by a penalty payment to the Court. In contrast to German law, the UPC may also decide on penalty payment on its own motion, and there is no penalty detention, no upper limit for penalty payments, and no Court fees for the enforcement proceedings.

The enforcement of monetary claims, such as claims for damages, is not governed by the UPC Agreement or the Rules of Procedure, which means that national law applies. An interesting question is which Court is then competent for the enforcement — the UPC or the national Courts? But that’s a topic for another video.