UPC_CoA_87/2026

Decisions and documents (1)

• 2026-08-18procedural

  Appellants:

  Lepu Medical (Europe) Cooperatief U.A.; Lepu Medical Technology (Bejing) Co., Ltd

  Respondent:

  Occlutech GmbH

  dismissed

  - As a general rule, the defendant addressed in an injunction is obliged to control third parties to which it assigns tasks to fulfil the injunction on its behalf. Similarly, if a defendant uses a third- party marketing platform and provides content for it, it is the defendant’s responsibility to ensure that the platform ́s content does not result in non-compliance with the court order. - It is not sufficient to implement geo-blocking measures to block the purchase option on a platform for territories prohibited by the PI order when offering and placing on the market, which are independent actions under Art. 25 UPCA, have been prohibited by the PI order. - An accurate website disclaimer for availability of attacked embodiments in the prohibited countries can be adequate for compliance with an injunction, provided that whatever was included on the website could not reasonably be interpreted by any visitor as constituting an offering of the attacked embodiments within the territories as specified in the order.

  Judge: Rian Kalden • Panel: Ingeborg Simonsson, Paolo Ernesto Crippa, Christian Daniel, Patricia Rombach, Rian Kalden🔒 Unlock Official PDF