2024-03-01 - LD Paris - C-KORE SYSTEMS v. Novawell - UPC_CFI_397/2023
- Aktenzeichen:
- UPC_CFI_397/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Local Division
- Art:
- Application Decision
- Parteien:
- C-KORE SYSTEMS LIMITED v. NOVAWELL
Kernaussage: "1) Starting point of the time limit under R.
2024-03-01 - LD Paris - C-KORE SYSTEMS
v.
Novawell - UPC_CFI_397/2023
"1) Starting point of the time limit under R. 197.3 RoP: the ""execution of the measures"" includes the service by the bailiff of the ""procès-verbal de saisie"" at the end of the operations, which is the procedural act that closes the seizure operations
landmark
The Paris Local Division issued a substantive procedural order confirming a pre-action ex-parte evidence-preservation order (saisie) under Art. 60 UPCA and R. 192-198 RoP. The panel first held that the 30-day review window under R. 197.3 RoP runs from service of the bailiff's procès-verbal that closes the seizure operations under French law, not from the date the measures are first carried out, rendering Novawell's review admissible. On the merits, the panel upheld every aspect of the saisie: C-Kore's commercial brochure, website extract and customer correspondence constituted reasonable available evidence under Art. 60(1) UPCA; the ex parte conditions under R. 197.1 RoP were met on the alternative 'risk of evidence becoming unavailable' limb, so destruction-specific arguments and validity challenges were not to be examined at this stage; saisie (R. 192-198) and inspection (R. 199) are distinct procedures that need not be combined even when the saisie requires entering private premises; and a saisie carried out by a court-appointed expert assisted by a bailiff complies with R. 196.5 RoP and does not breach Art. L. 615-5 of the French IP Code or French public policy on the rights of the defence, given the supremacy of the UPC Agreement under Art. 55 of the French Constitution. No CJEU preliminary reference was warranted.
Stichwörter
Review saisie (R.197.3 RoP), starting point of “30 days after the execution of the measures”, criteria to obtain an ex parte order, request for preserving evidence and request for inspection, compliance with applicable national law (R.196.5