UPC_CFI_649/2024

MOTORCYCLES TYRE

Provisional measuresProvisional MeasuresMilan LDProvisional measuresCase Closed

Overview Decisions Reasoning Citations Documents Timeline

Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.

Plain-English summary

Pirelli Tyre S.p.A. obtained an ex parte seizure order from the Milan Local Division against Sichuan Yuanxing Rubber Co. Ltd. and China Council for the Promotion of International Trade (CCPIT), who were exhibiting motorcycle tyres (HA-51R and HA-51F) at EICMA 2024 in Milan that allegedly reproduced all features of claim 1 of Pirelli's EP 3 519 207 B1. The court ordered immediate seizure at the trade fair stand and required Pirelli to commence merits proceedings within 31 days.

Accepted arguments

What the court agreed with — by party.

Helios (Sichuan Yuanxing) tyres HA-51R and HA-51F reproduce all features of claim 1 of EP 3 519 207 B1
ClaimantLegal basis: Art. 62 UPCA; R. 206 RoP; prima facie infringement
Note: Milan Local Division accepted prima facie case for ex parte seizure based on Pirelli's submissions and comparison of tyre features against claim 1.
Urgency established by imminent EICMA 2024 trade fair and risk of products being removed after the event
ClaimantLegal basis: Art. 62 UPCA; R. 206.3(a) RoP
Note: The short window of the trade fair and risk of product dispersal justified ex parte procedure.

Rejected arguments

What the court did not agree with — and why.

No rejected arguments captured.

Key legal principles

Doctrines and rules cited in the reasoning.

Ex parte seizure order at trade fair justified by time-critical urgency Pirelli's global market standing supports financial ability to compensate respondents if measures are wrongly granted (proportionality)Merits proceedings must be initiated within 31 calendar days or 20 working days of service or order lapses

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