Rules of Procedure of the Unified Patent Court (RoP)
Revocation of an order to preserve evidence
- The Court shall ensure that an order to preserve evidence is revoked or otherwise cease to have effect, upon request of the defendant, without prejudice to the damages which may be claimed, if, within a time period not exceeding 31 calendar days or 20 working days from the date of the order, whichever is the longer, the applicant does not start proceedings on the merits of the case before the Court.
Where the measures to preserve evidence are revoked, or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of the patent, the Court may order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by those measures [Rule 354.4].
Relation with Agreement: Article 60(8) and (9)
[Article 7 Directive 2004/48/EC]
Status: 15th draft of 31st May 2013