UPC CoA 549/2024

At the UPC: Belkin Group (24 cases)·Philips Group (46 cases)

• 2024-10-29
  Application RoP 223Public

  Summary: Order of the Court of Appeal partially granting a stay of enforcement (suspensive effect) of a first-instance injunction against Belkin Limited and its managing directors in proceedings concerning Koninklijke Philips N.V.'s patent. The stay was granted specifically regarding the injunctive orders against the managing directors (defendants 2-4) and related cost/publication orders, on the basis of a manifest error of law in holding that a managing director of an infringing company is personally liable as a 'middle person' under Art. 63(1) UPCA solely by virtue of their role as managing director. The stay was denied as to the remaining defendants.

  Show the legal issues (4)

  • Stay of enforcement Rule 223 RoP
  • Manifest error of law standard
  • Personal liability of managing directors Art. 63(1) UPCA
  • Middle person liability Directive 2004/48 Art. 11