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

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

Lawyers at Carpmaels & Ransford explain how the healthcare sector has not simply participated in the UPC’s early years, but actively shaped it
The firm has hired former in-house counsel Quintin Cassady to lead the launch of the new office
The combined firm has strong IP credentials across the US, Middle East, UK and Europe, despite Taylor Wessing’s German and French practices not joining
Priya Nagpal, who this month became the firm’s eighth IP partner, says its cross-practice expertise in areas closely linked to IP was a key draw
Harm van der Heijden is to join Ankar as head of patent innovation after 17 years in private practice
Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Another IP litigator joins Winston & Strawn in Dallas as firm seeks to keep pace with ‘rapid’ growth of Texas market
Anthony O'Malley will replace Andrew Blattman at IPH, which owns several large IP firms across Australia, Asia and Canada
Gift this article