Art. 28 – Right based on prior use of the invention
Section: PART I
Category: CHAPTER V - Sources of law and substantive law
Content
Any person, who, if a national patent had been granted in respect of an invention, would have had, in a Contracting Member State, a right based on prior use of that invention or a right of personal possession of that invention, shall enjoy, in that Contracting Member State, the same rights in respect of a patent for the same invention.
Related Topics
- prior use
- personal possession
Related Cases
- UPC_CFI_189/2024; UPC_CFI_434/2024 – Meril v Edwards
- UPC_CFI_114/2024; UPC_CFI_448/2024 – Heraeus v Vibrantz
- UPC_CFI_162/2024 – Hurom v NUC
- UPC CFI 365/2023 – FUJIFILM Corporation v Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH
- UPC CFI 162/2024 – Hurom Co., Ltd. v NUC Electronics Co., Ltd
- UPC CFI 74/2024 – Hand Held Products, Inc v Scandit AG
- UPC CFI 7/2023 – Franz Kaldewei GmbH & Co. KG v Bette GmbH & Co. KG
- UPC Cf 1 214/2023 – AIM Sport Vision AG v Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor Espana SL