Navigating the UPC – Third-party liability for patent infringement: the UPC Court of Appeal’s landmark decision in Belkin v Philips

We are pleased to share the latest contribution in Navigating the UPC, a joint insight series developed under the Altius De Clercq, a non-exclusive initiative.

This new edition addresses a key question in UPC enforcement: the personal scope of patent infringement.

It analyses the UPC Court of Appeal’s decision in Belkin v Philips, which clarifies under which conditions parties who do not themselves perform infringing acts — including parent companies, group entities, and managing directors — may nonetheless be held liable as infringers under the UPCA.

The Court adopts an autonomous interpretation of “infringer” under Article 63 UPCA, extending liability to instigators, accomplices, and accessories, without recourse to national tort law.

👉 Read the full contribution here

📩 Subscribe here to receive future editions and invitations to upcoming webinars.

We hope you find this a useful resource and encourage you to share it within your network where relevant.

If you have any questions, feel free to contact our experts at info@dcp-ip.com