Applicability and enforcement of decisions of the UPC

Decisions of the UPC are directly applicable in all contracting member states. Decisions based on non-unitary European patents are of course only applicable in member states in which the patent is validated at the time of the decision. Still, in both cases, the territorial applicability goes beyond individual states, making cross-border injunctions the norm.

Provisional enforceability

Furthermore, already decisions of the first instance of the UPC are enforceable and their enforcement can only be predicated on a bond. The appeal court can stay the enforceability at its discretion. However, it has to be noted that enforcement of first instance decisions can incur claims to damages for the defendant, in case the decision is overruled on appeal.

A decision can be enforced as soon as it has been served to the defendant (and enforcement has been formally announced).

Delivery by email

Service delays are not to be expected as defendants have to supply an email address for service (and risk a default judgement if they fail to do so).
Translations are only required insofar as enforcement measures have to be taken by the authorities of the member states (see below). However, in this case translations have to made for every respective state.

Penalty payments

In case the defendant does not comply with an injunction or an order to render information, the UPC can impose penalty payments (which are to be payed to the UPC). The collection of such payments and other monetary claims (in particular damages and reimbursement of costs) however has to be done nationally together with the competent authorities in the respective states, and under the applicable national rules with regards to scope. For example, Germany allows for seizure of property, bank accounts and claims against third parties.