Rules of Procedure of the Unified Patent Court (RoP)

Rule 213

Revocation of provisional measures

1. The Court shall ensure that provisional measures are 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 provided for in the Court’s order, not exceeding 31 calendar days or 20 working days, whichever is the longer, from the date of the Court’s order, the applicant does not start proceedings on the merits of the case before the Court.

2. Where provisional measures 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 shall order the applicant, upon request of the defendant, to provide the defendant with appropriate compensation for any injury caused by those measures [Rule 354.4].

Notes

Relation with Agreement 60(9).

Status: 15th draft of 31st May 2013