FRANCE Trends and Developments Contributed by: Denis Schertenleib, Marc Lauzeral and Célia Benmesbah, Schertenleib Avocats
apply national law to the damages period that occurred before the start of the UPC. The Court also clarified that the provision on acts of direct infringement do not require the claimant to prove that the defendant had prior knowledge of the existence of the patent or the materiality of the alleged infringement.
Lastly, the Court held that competition law fell within its jurisdiction. However, LAMA’s antitrust defence was rejected due to the absence of a sufficiently defined market, making a preliminary referral to the ECJ unnecessary.
181 CHAMBERS.COM
Powered by FlippingBook