Enforcement Directive does not apply to invalidity proceedings

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Enforcement Directive does not apply to invalidity proceedings

The EU Enforcement Directive does not apply to invalidation proceedings concerning utility models, according to the Court of Justice of the EU

Ruling today in a case referred from Hungary between Bericap Záródástechnikai and Plastinnova 2000, the Court said that the provisions in the 2004 Enforcement Directive do not preclude that, in invalidity proceedings, the relevant court:

is not bound by the claims and other statements made by the parties and is entitled to order of its own motion the production of any evidence that it may deem necessary; is not bound by an administrative decision made in relation to an application for invalidation or by the findings of fact in that decision, and is not entitled to re-examine evidence which was already submitted in connection with a previous application for invalidation.
more from across site and SHARED ros bottom lb

More from across our site

Ana Castedo, who brings a strong focus on patent litigation, is due to help build the firm’s IP litigation offering in Madrid
A former scientist, inventor and now a patent practice leader, Hanane Fathi Roswall shares her views on leadership, diversity, the rise of AI and the promise of the UPC
With rumours that a third IP judge could yet join the England and Wales High Court, we run through some potential names while practitioners outline the importance of a well-stocked bench
Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
A&O Shearman and Fish & Richardson invested in German talent, meanwhile, major firms have assembled for an on the merits case pitting KeeeX against OpenAI and Adobe
Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Gift this article