UPC: Advertising Materials Excluded from Judicial Destruction Orders

The Local Chamber Düsseldorf limits the statutory scope of destruction claims in patent infringement cases. Advertising materials are excluded from destruction measures because they are not covered by the wording of the statute. Article 64(2)(e) of the Unified Patent Court Agreement refers to the destruction of products and/or of the materials and implements principally used in the creation of those products. The latter terms refer to those materials and devices used for manufacturing the products. (LC Düsseldorf 18. 3. 2026, CFI 519/2024, CFI 64/2025)