Article 67

Power to order the communication of information

Agreement On A Unified Patent Court

Part 3 – Organisation and Procedural Provisions

Chapter 4 – Powers Of The Court


Article 67 – Power to order the communication of information
  1. The Court may, in response to a justified and proportionate request of the applicant and in accordance with the Rules of Procedure, order an infringer to inform the applicant of:
    1. the origin and distribution channels of the infringing products or processes;
    2. the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the infringing products; and
    3. the identity of any third person involved in the production or distribution of the infringing products or in the use of the infringing process.
  2. The Court may, in accordance with the Rules of Procedure, also order any third party who:
    1. was found in the possession of the infringing products on a commercial scale or to be using an infringing process on a commercial scale;
    2. was found to be providing on a commercial scale services used in infringing activities; or
    3. was indicated by the person referred to in points (a) or (b) as being involved in the production, manufacture or distribution of the infringing products or processes or in the provision of the services, to provide the applicant with the information referred to in paragraph 1.

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