A landmark week at the Unified Patent Court, with the Court of Appeal issuing two "must-read" final decisions on the merits that shape core UPC doctrine. Our AI hosts unpack Professor Willem Hoyng’s expert analysis of the key rulings from Week 40, 2025.
Key topics covered in this episode include:
Accessory and Director Liability (CoA – Belkin v Philips): In a landmark ruling, the Court of Appeal established the UPC framework for accessory liability. It held that accessories (such as managing directors), can be enjoined as “infringers” under a broad reading of Article 63(1) UPCA if they are aware of their company’s infringement, have the ability to stop it, and fail to do so.
Key Enforcement Rules Clarified (CoA – Belkin v Philips): The same decision clarified that "offering" an infringing product has a broad economic meaning (e.g., a website display) and that corrective measures, such as a product recall, must be granted if they are proportionate.
Patent Revoked for Added Matter (CoA – expert Klein v Seoul): The Court of Appeal overturned a decision from the Düsseldorf Local Division and revoked a patent for extension of subject matter, applying the UPC’s “gold standard” for Article 123(2) EPC.
For a deeper dive, read Professor Hoyng's full written commentary for Week 40:https://www.hoyngrokhmonegier.com/news-insights/upc-unfiltered-by-willem-hoyng-upc-decisions-week-40-2025/
Disclaimer: Podcast uses AI-generated voices—minor inaccuracies may occur