UPC Local Division: Risk of Repetition

A declaration to cease and desist without a penalty clause by one or two, but not all defendants belonging to a corporate group and jointly infringing a patent, can not safeguard the patent proprietor's interest in the protection of exclusive rights in the same way as a court order. There is still a risk that the members of the group will reorganize their business activities around such isolated cease-and-desist declarations and continue to infringe the patent in the affected territories – without the risk of having to pay a penalty (LK München 4. 4. 2025, CFI 501/2023).