With Belkin/Philips, the UPC Court of Appeal, for the first time, has outlined the principles of liability of corporate directors and officers under the Unitary Patent system. This article attempts a systematic analysis, demonstrating in particular that the shielding of directors and officers against liability for patent infringement as endorsed by the Court lacks a normative foundation in the UPCA. Furthermore, it can be shown that Belkin/ Philips has created a gap in the framework for patent liability. Indeed, the restriction of officer liability to cases of willful conduct and positive knowledge may create a risk of circumvention.
Citation: GRUR Patentrecht in der Praxis 2026, issue 7 – pp. 335–350
