UPC Local Division: Procedural Decision: Registration in the Register Before Substantive Entitlement
June 17, 2026
It follows from the Rules of Proceedings that in constellations in which a plaintiff seeks a decision to eliminate the effects of a granted patent (be it with regard to the validity of the patent or the declaration that a certain act does not constitute an infringement), the law gives precedence to the registration of the patent proprietor in the register over the entitlement. The ratio legis is legal certainty for the plaintiff. He does not bear the burden of "searching" for the entitled proprietor (LD Düsseldorf 15.1.2026,CFI 100/2024, CFI 411/2024).