Who we are
Intellectual property is our passion.
We are driven by ideas and innovation.
We work tirelessly to protect them and help our clients changing the world around us.
HOYNG ROKH MONEGIER understands the need for an intellectual property lawyer who knows the industry at hand, is straight-talking and straight-shooting, and able to deliver. No matter what.
Our dedicated European team has more than one hundred intellectual property professionals. In the full belief there cannot be a compromise as to legal quality, we chose to dedicate our practice entirely to intellectual property and related regulatory issues. But we also have the technical background and expertise to deal with the most challenging technologies often involved in IP disputes. Our experience and pioneering mentality unite in groundbreaking cases we handle across borders.
HOYNG ROKH MONEGIER is the go-to intellectual property law firm in Europe.
Latest News
UPC Unfiltered, by Willem Hoyng – UPC decisions week 51, 2025
Below, Prof. Willem Hoyng provides his unfiltered views on the decisions that were published on the website of the Unified Patent Court (“UPC”) last week. His comments offer a unique insight into the UPC’s case law, as he chairs the Advisory Board of the UPC and participated in drafting the Rules of Procedure of the UPC.
Imminent Infringement and the Bolar Exemption before the UPC
When can a patent owner obtain provisional relief before the alleged infringer has actually placed any products on the market? According to the Unified Patent Court Agreement (“UPCA”), injunctive measures may be ordered to prevent an imminent infringement (art. 62.1). In its first life-sciences cases, the UPC has developed a legal test for imminent infringement based on whether the alleged infringer has already set the stage for the infringement to occur. This standard, confirmed by the UPC Court of Appeal in Boehringer Ingelheim v. Zentiva (UPC_CoA_446/2025), has important implications for life sciences and interacts with regulatory safe harbors such as the Bolar exemption, particularly in light of proposed EU legislation to expand that exemption, the draft EU Pharmaceutical Directive )COM (2023) 192 final, 2023/0123 (COD)).
This post examines the UPC’s imminent infringement doctrine, how it has been applied and its interplay with the Bolar exemption.
