The Düsseldorf Local Division of the Unified Patent Court (UPC) has granted Canon a unitary injunction against Katun and General Plastic Industrial Co. (GPI) for infringing on its European Patent 3 686 683 B1, which covers toner bottle designs. This landmark decision, enforceable across 17 EU member states, underscores the protection of original equipment manufacturer (OEM) intellectual property in the aftermarket sector. The court rejected both the standard-essential patent (SEP) analogy, which would have required Canon to offer FRAND (fair, reasonable, and non-discriminatory) licenses, and the notion of an eco-grace period for aftermarket products. As a result, Canon’s rights are upheld, sending a clear message about the enforceability of patents for OEMs within Europe’s evolving patent landscape under the UPC system.
