UPC Local Division: Financial Compensation

Financial compensation for the use of the published EP application also falls within the jurisdiction of the UPC (Article 32(1)(f) UPCA). Since such compensation is not regulated in either the EPatVO or the UPCA, the court must apply the provision of Article 67 EPC on the basis of Article 24(1)(c) UPCA, which grants the Member States discretion with regard to its design. Since a uniform regulation on the question of compensation has so far been lacking, it is initially up to the claimant seeking corresponding compensation to set out the requirements for compensation for the individual Member States in question (LK Düsseldorf 10. 4. 2025, CFI 50/2024).