WEPA Nederland v Essity Hygiene and Health (CoA, 3 September 2026)
| Date | 3 September 2026 |
|---|---|
| Court | CoA |
| Division | Luxembourg (LU) |
| Type of action | Appeal |
| Case number(s) | UPC_CoA_113/2026 |
| Registry reference | UPC-COA-0000113/2026 |
| Parties | WEPA NEDERLAND B.V. v. ESSITY HYGIENE AND HEALTH AKTIEBOLAG |
Official decision (PDF) · UPC registry entry
Case timeline
- 27 July 2026 : WEPA NEDERLAND v ESSITY HYGIENE AND HEALTH AKTIEBOLAG (CoA, 27 July 2026) UPC-COA-0000113/2026
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By order of 3 September 2026 (UPC_CoA_113/2026), the Court of Appeal, on WEPA Nederland’s appeal against the review order of The Hague Local Division, upheld in substance the measures to preserve evidence and for inspection obtained ex parte by Essity under EP 3 289 139 (tissue paper comprising Miscanthus pulp fibres), but set aside the permission given to the applicant to question WEPA’s personnel. Art. 60 UPCA covers promotional and commercial documents. It does not allow the defendant’s personnel to be questioned on technical matters. The expert report must be redrafted and the original destroyed. The order draws the line between preserving evidence and interrogation.
Facts and procedure
WEPA filed an opposition at the EPO, where the patent was maintained on 11 November 2025 (appeal pending), and brought a revocation action before the Paris Central Division (UPC_CFI_1898/2025). On 17 April 2026 The Hague Local Division ordered preservation and inspection measures without hearing WEPA, executed on 21 April 2026 at WEPA’s Dutch premises. The order allowed Essity to put direct questions to personnel. The order was confirmed on review (oral decision on 9 June 2026, written reasons on 22 June 2026). On appeal WEPA sought to have both orders set aside, use of the information obtained prohibited and compensation.
The applicable law
The measures fall under Art. 60 UPCA, read with Art. 7 of Directive 2004/48, and Rules 192 to 197 RoP. New grounds on appeal are subject to Art. 73(4) UPCA and Rule 222.2 RoP. The risk that evidence will cease to be available is enough to justify ex parte measures. Urgency is not required (paragraphs 13 to 17).
Question
Could the division proceed ex parte, extend the measures to promotional and commercial documents, allow the defendant’s personnel to be questioned, and set aside objections based on validity and prior use?
Decision
Proceeding ex parte was justified (paragraphs 13 to 17). The complaint about commercial documents, raised for the first time, was inadmissible and would in any event have failed: Art. 60(1) UPCA covers any relevant evidence of the alleged infringement (paragraphs 18 and 19). By contrast, Art. 60 UPCA does not allow the bailiff or expert to question the defendant’s personnel on technical details. The court may only order practical assistance, such as providing passwords (paragraphs 20 to 23). The Dutch-law caveat that answers were not compulsory did not cure the error, since personnel could reasonably have believed they were obliged to answer (paragraph 25). Validity need not be assessed at this stage, the presumption of validity not having been clearly undermined (paragraphs 26 to 29). The prior use argument was inadmissible and, on the merits, the threshold for dismissal was not met, the infringement action not being clearly without prospect of success (paragraphs 30 to 32). The new and unsubstantiated compensation request was inadmissible (paragraph 33). The expert must file within two weeks a report redacted of the personnel’s answers, and all copies of the original are to be destroyed (paragraphs 34 to 38). Each party bears its own costs (paragraph 39).
Key points for practice
- Promotional and commercial documents may be the subject of preservation measures just as technical documentation may.
- Questioning the defendant’s personnel on technical substance is excluded. Only practical assistance may be ordered.
- An alleged prior use right bars the measure only if the infringement action clearly has no prospect of success.
- Practical point: applicants should confine their requests to seizure and description, and defendants should raise every objection at the review stage, since new grounds are inadmissible on appeal.
Provisions applied
- Agreement on a Unified Patent Court
- Arts 28, 53, 60 and 73(4)
- Rules of Procedure
- Rules 192, 194.1(d), 194.2, 196.1(d), 197.1, 197.3, 206.4 and 222.2
- Directive 2004/48/EC
- Art. 7(1) and Recital 20
- Case law cited
- Valinea v Tiru, Court of Appeal, 15 July 2025, Maguin v Tiru, Court of Appeal, 15 July 2025.
Related decisions
Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.
Decisions in the same proceedings
Going further
Lexicon: UPC Court of Appeal.
Dhenne Avocats blog: UPC Appeals: What the Numbers Show.
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
UPC_CoA_113/2026official number
UPC_CFI_1898/2025Parties
- claimantWEPA NEDERLAND B.V.4 decisions in the corpusFollow this party
- defendantESSITY HYGIENE AND HEALTH AKTIEBOLAG4 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
- 27 July 2026 WEPA NEDERLAND v ESSITY HYGIENE AND HEALTH AKTIEBOLAG (CoA, 27 July 2026) Appeal · UPC_CoA_113/2026
La taxe due pour l'appel contre une ordonnance de conservation des preuves est la taxe fixe de 5 000 euros, le greffe doit rembourser 9 600 euros à l'appelante.
- 3 September 2026 WEPA Nederland v Essity Hygiene and Health (CoA, 3 September 2026) Appeal · UPC_CoA_113/2026 · appeal, first-instance number cited in the decision
What the record states
- Nature of the act
- Appeal
- Outcome (Dhenne Avocats summary)
- La cour d'appel maintient les mesures de conservation des preuves obtenues par Essity, y compris pour les documents commerciaux, mais annule l'autorisation d'interroger le personnel de WEPA et ordonne la réécriture du rapport d'expertise.
- Appeal
- Decision of the Court of Appeal (first instance cited: UPC_CFI_1898/2025).
- Instance
- Court of Appeal decision.
Patents mentioned
EP 3 289 139mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- WEPA NEDERLAND v ESSITY HYGIENE AND HEALTH AKTIEBOLAG (CoA, 27 July 2026) cited in this record
- ESSITY HYGIENE AND HEALTH AKTIEBOLAG v WEPA NEDERLAND (CFI, 22 June 2026) cited in this record
- ESSITY HYGIENE AND HEALTH AKTIEBOLAG v WEPA NEDERLAND (CFI, 17 April 2026) cited in this record
- MAGUIN v TIRU (CoA, 15 July 2025) cited in this record
- VALINEA ENERGIE v TIRU (CoA, 15 July 2025) cited in this record
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 3 289 139 | Mentioned in the analysis (role not qualified) Also mentioned in 3 other decision(s): WEPA NEDERLAND v ESSITY HYGIENE AND HEALTH AKTIEBOLAG (CoA, 27 July 20 · ESSITY HYGIENE AND HEALTH AKTIEBOLAG v WEPA NEDERLAND (CFI, 22 June 20 · ESSITY HYGIENE AND HEALTH AKTIEBOLAG v WEPA NEDERLAND (CFI, 17 April 2 | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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