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Application Order

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Main Details:

Registry number
App_11333/2025
Date
Parties
The Walt Disney Company (Benelux) B.V, The Walt Disney Company Limited
Order/Decision reference
ORD_11991/2025
Type of action
Generic application
Language of Proceedings
German
Court - Division
Court of First Instance - Düsseldorf (DE) Local Division

German Headnotes:

- The position of all parties potentially affected by the requested change must be heard in the context of an application pursuant to R. 323 RoP. - The possibility of changing the language of the proceedings to the language of the patent does not conflict with the option offered to the Claimant pursuant to R. 14.1 RoP. It addresses situations where that initial choice appears to be detrimental to the Applicant(s) and was based on circumstances that cannot prevail when weighing the respective interests. The position of the Defendant(s)shall, in addition, be the decisive factor in the overall assessment when the outcome of this balancing of interests is equal.

German Keywords:

Art. 49 (5) UPCA, Change of the language of the proceedings, R. 323 RoP