- with readers working within the Retail & Leisure industries
1. Key takeaways
Application for suspensive effect is inadmissable if no appeal is filed
It is not possible to apply for suspensive effect before an appeal is lodged. This follows from Art. 74 (1) UPCA stating that an appeal has no suspensive effect unless decided otherwise by the CoA.
In cases of extreme urgency the applicant may apply at any time without formality for an order for suspensive effect to the standing judge pursuant to R. 223.4 RoP. Nevertheless, for this provision to be applicable, the applicant must first have lodged a Statement of appeal and paid the appeal fee in accordance with the RoP. Lodging the Statement of grounds of appeal is not a prerequisite.
2. Division
CoA Luxembourg
3. UPC number
UPC_CoA_740/2025; UPC_CoA_741/2025
4. Type of proceedings
Appeal proceedings
5. Parties
Applicant/Claimant: Sun Patent Trust
Respondent/Defendant: Vivo Mobile Communcation Co., Ltd.; Vivo Tech GmbH; Vivo Mobile Communication Iberia SL
6. Patent(s)
EP 3 407 524; EP 3 852 468
7. Body of legislation / Rules
Art. 74 UPCA, R. 223.1 RoP
CoA_ August-15-2025-UPC_CoA_740-2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
