UPC Local Division: Request for Preservation of Evidence

Pursuant to Article 60(1) UPCA, the court may, at the request of the applicant who has presented all reasonably available evidence to substantiate the claim that the patent has been or is at risk of being infringed, order swift and effective provisional measures to preserve the relevant evidence regarding the alleged infringement, even before substantive proceedings have been initiated, provided that the protection of confidential information is ensured. This is intended to alleviate the evidentiary hardship of the party bearing the burden of proof. If the evidentiary hardship no longer exists, such measures are no longer necessary and therefore no longer proportionate. The application is then moot and must be dismissed in accordance with R 360 RoP. The decision on costs remains reserved for the main proceedings. The applicant is obliged to initiate the main proceedings in accordance with R 198.1 RoP (LK München 19. 2. 2025, CFI 156/2024).