UPC_CFI_386/2024

SYSTEM FOR SECURING SHELF ACCESSORIES TO A SHELF

InfringementMain Infringement ActionThe Hague LDInfringementCase Closed

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Target	Legal point	Strength	Excerpt
61.1	jurisdiction — admissibility of counterclaim for declaration of non-infringement	Binding	There was no assertion of infringement prior to instituting the counterclaim nor had defendant applied in writing for an acknowledgement as meant in R. 61.1 RoP.
61.1	jurisdiction — counterclaim for non-infringement requirements	Binding	It would also mean that effectively R. 61.1.a and b would be rendered redundant.
61.1	jurisdiction — 30-day response triggering non-infringement counterclaim	Binding	Failure to respond with an acknowledgement within 30 days from counterclaim does not trigger R. 61.1.b RoP, as it would run counter to the very point of R. 61.1 RoP

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