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Rules of Procedure of the Unified Patent Court (RoP)

Rule 354

Enforcement

  1. Subject to Rule 188.9 and Rule 352 decisions and orders of the Court shall be directly enforceable from their date of delivery in each Contracting Member State in accordance with the enforcement procedures and conditions governed by the law of the particular Contracting Member State where enforcement takes place.

  2. Decisions and orders of the Court shall be enforced in those non-Contracting Member States which are Member States of Regulation (EU) No 1215/2012 or the Lugano Convention in accordance with the provisions of the said Regulation or Convention as the case may be.
  3. Decisions and orders of the Court shall be enforced in States which are not Contracting Member States or member states of the Regulation or Convention referred to in paragraph 2 in accordance with the law of that state.
  4. Where an enforceable decision or order of the Court is subsequently varied or revoked the Court may order the party which has enforced such decision or order, upon the request of the party against whom the decision or order has been enforced, to provide appropriate compensation for any injury caused by the enforcement. Rule 125 shall apply mutatis mutandis.

  5. The Court’s decisions and orders may provide for periodic penalty payments payable to the Court in the event that a party fails to comply with the terms of the order or an earlier order. The value of such payments shall be set by the Court having regard to the importance of the order in question.

Notes

Status: 15th draft of 31st May 2013