UPC: Strengthening the Requirement for Immediate Reaction in Requests for Interim Measures

SÉRVULO PUBLICATIONS 05 Dec 2025

The Paris Local Division of the Unified Patent Court, by decision of 21 November 2025, rejected a request for provisional measures filed in the context of a dispute concerning medicines protected by Supplementary Protection Certificates (SPCs), aimed at preventing the marketing of a generic medicine before the expiry of protection.

The Court held that the requirements of “imminent infringement” were not met, stressing that the SPC holder did not act with the required diligence after becoming aware of the intention to launch the generic medicine.

This decision reinforces that requests for provisional measures must be submitted immediately upon knowledge of a potential infringement, avoiding the strategic use of such measures to block generic medicines from entering the market. The Court emphasizes that the lack of diligence by the SPC holder prevents the characterization of urgency, thereby safeguarding the right of generic medicines to enter the market promptly and fairly.

The UPC further notes that, even without provisional measures, the SPC holder retains the right to bring a main infringement action, but cannot claim artificial urgency if they fail to act promptly. To mitigate risks, it is recommended that rights holders implement effective mechanisms for monitoring MA applications and official publications, as well as internal procedures that allow a quick response to signs of infringement.

This decision represents progress in protecting access to generic medicines in the market, promoting greater transparency and balance between the interests of rights holders and generic medicine manufacturers.

Beatriz de Figueiredo Teixeira | bft@servulo.com