A guide to the UPC and the UP - Flipbook - Page 301
Figure 15-3: Timeline for Determination of Damages
Final decision on the merits
1 year (r.126)
SP: Application for the
determination of damages (r.131)
+/-
SP: Request for an order for
laying open of books (r.141)
2 months
UP: Accept
claim (r.137(1))
UP: Defence
(r.137(2))
UP: Accept
request (r.142(1))
UP: Defence
(r.142(2))
14 days
SP: Relay
(r.142(3))
1 month
14 days
SP: Reply (r.139)
UP: Rejoinder
(r.142(3))
1 month
UP: Rejoinder
(r.139)
Key:
SP: Successful party
UP: Unsuccessful party
Decision to
open/not open
books and
time period with
which procedure
continues (r.144)
Declarations
15-92 The Court may also grant legally binding preventative adjudications in the form of declaratory
judgments. By a declaratory judgment, a court resolves legal uncertainty between the litigants.
Declaratory judgments may be a useful tool for businesses as they can be used at the early
stages of a dispute between the parties.
15-93 A declaratory judgment aims to confirm that a certain product or action does not fall within the
scope of protection of a patent. For example, when a potential patent infringer is threatened
with a lawsuit, it may request a declaration of non-infringement.
Declaration of Non-Infringement
15-94 Pursuant to art.32 UPCA, the Court has exclusive competence, inter alia, in respect of actions
for declarations of non-infringement (DNI) of patents and SPCs. A DNI is a negative declaratory
judgment confirming that the claimant is not infringing the patent at issue. 135
135
See chapter 12 (Written Procedure) paragraphs 12-92 to 12-106 for details of the procedure for claiming a DNI.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 291
