An appeal shall not have suspensive effect unless the Court of Appeal decides otherwise at the motivated request of one of the parties. The Rules of Procedure shall guarantee that such a decision is taken without delay.
What is UPCA 074?
This is Article 074 from the UPCA (Übereinkommen über ein Einheitliches Patentgericht), which is part of the legal framework governing the Unified Patent Court in Europe.
Legal Text
Notwithstanding paragraph 1, an appeal against a decision on actions or counterclaims for revocation and on actions based on Article 32(1)(i) shall always have suspensive effect.
An appeal against an order referred to in Articles 49(5), 59 to 62 or 67 shall not prevent the continuation of the main proceedings. However, the Court of First Instance shall not give a decision in the main proceedings before the decision of the Court of Appeal concerning an appealed order has been given.
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Official Source
This legal text is from the official UPCA framework governing the Unified Patent Court.
Reference: UPCA 074 (Article 074)