SONN Patentanwälte – IP Attorneys

UPC Local Division: Preservation of Evidence

An order for the preservation and inspection of evidence can serve to secure evidence of individual acts of use. Even if R 196.1 RoP lists a large number of measures for the preservation of evidence, it is not an exhaustive list of measures. The specific measures required must always be decided against the background of the applicant's interest in the preservation of evidence, taking into account the circumstances of the individual case. If there is a corresponding interest in the preservation of evidence, such an order can also include the seizure of delivery notes and invoices (LK Düsseldorf 16. 4. 2025, CFI 539/2024).