UPC: Requirements for the Judicial Ordering of Decision Publication

In this decision, the Court of Appeal clarifies the requirements under which the publication of a judgment can be ordered at the infringer's expense. An order for the publication of a decision requires, in addition to the finding of a patent infringement, the establishment of a legitimate interest of the plaintiff in the requested publication of the decision at the expense of the defendants. In this regard, all circumstances of the individual case must be taken into account. These include, for instance, the scope and gravity of the infringement, the public representation of the conflict, the public's interest in information, and whether the publication of the decision can contribute to clearing up misconceptions in the market caused by the infringement or to deterring future infringements. (UPC 17. 2. 2026, CoA 302/2025, CoA 305/2025)