The Court may order provisional measures without the defendant having been heard, in particular where any delay is likely to cause irreparable harm to the applicant or where there is a demonstrable risk of evidence being destroyed. Rule 197 shall apply mutatis mutandis.
What is UPCRoP 212?
This is Rule 212 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.
Legal Text
Where provisional measures are ordered without the defendant having been heard, Rule 210 shall apply mutatis mutandis to the oral hearing without the presence of the defendant. In such cases, the defendant shall be given notice of the provisional measures without delay and at the latest immediately at the time of execution of the measures.
The defendant may request a review. Rule 197.3 and .4 shall apply mutatis mutandis.
Relation with Agreement: Article 60(5) and (6)
Applied In
Official Source
This legal text is from the official UPCRoP framework governing the Unified Patent Court.
Reference: UPCRoP 212 (Rule 212)