Case Law
Article 28: Right based on prior use of the invention

Court of First Instance - Düsseldorf (DE) Local Division, Order dated 03/07/2024, Franz Kaldewei GmbH & Co. KG v. Bette GmbH & Co. KG (Case/ Registry number: ACT_459767/2023, ORD_598324/2023)
Example of decision on the right based on prior use of the invention: "1. Within the framework of Art. 28 UPCA, the user of the technology according to the invention can only invoke the rights granted to him by the respective national regulations of the respective contracting member states. On this basis, the existence of a right of prior use must be submitted for each of the protected contracting states"