Article 64

Corrective measures in infringement proceedings

Agreement On A Unified Patent Court

Part 3 – Organisation and Procedural Provisions

Chapter 4 – Powers Of The Court

Article 64 – Corrective measures in infringement proceedings
  1. Without prejudice to any damages due to the injured party by reason of the infringement, and without compensation of any sort, the Court may order, at the request of the applicant, that appropriate measures be taken with regard to products found to be infringing a patent and, in appropriate cases, with regard to materials and implements principally used in the creation or manufacture of those products.
  2. Such measures shall include:
    1. a declaration of infringement;
    2. recalling the products from the channels of commerce;
    3. depriving the product of its infringing property;
    4. definitively removing the products from the channels of commerce; or
    5. the destruction of the products and/or of the materials and implements concerned.
  3. The Court shall order that those measures be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.
  4. In considering a request for corrective measures pursuant to this Article, the Court shall take into account the need for proportionality between the seriousness of the infringement and the remedies to be ordered, the willingness of the infringer to convert the materials into a non-infringing state, as well as the interests of third parties.

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Rule 118 – Decision on the merits