CMS Expert Guide on Preliminary Injunctions in IP
Preliminary injunctions (PIs) play a critical role in safeguarding intellectual property (IP) rights, as they are intended to protect IP rightsholders from immediate and irreparable harm. Consequently, PIs serve as fundamental mechanisms for preserving the commercial value of IP.
However, the procedures governing PIs can vary significantly across jurisdictions. This is particularly relevant in cross-border IP infringement cases, where it is essential to recognise and address the specific challenges presented by each legal system and plan accordingly
This guide offers an overview of the principal requirements for obtaining a preliminary injunction and provides a comparative analysis of the procedures in various jurisdictions.
| Certain deadline for the application (provided no undue delay)? | Prior out of court action required before filing? | Possibility of Suspension of preliminary proceedings? | Security deposit required? | Recoverability of costs from the counterparty if successful? | |
| Austria | No | No | Yes | Depends | Yes |
| Belgium | Yes | No | Yes | No | Yes |
| Bulgaria | No | No | No | No | Yes |
| Brazil | No | No | Yes | Depends | Yes |
| China | No | No | Yes | Yes | Yes |
| Colombia | Yes | No | Yes | Yes | Yes |
| Czech Republic | No | No | No | Yes | Yes |
| England and Wales | No | No | Yes | No | Yes |
| France | No | No | Yes | No | Yes |
| Germany | Yes | No | Yes | No | Yes |
| Hong Kong | No | No | Yes | Depends | Yes |
| Hungary | Yes | No | No | No | Yes |
| India | Yes | No | No | No | Yes |
| Italy | No | No | Yes | No | Yes |
| Luxembourg | No | No | Yes | No | Yes |
| Mozambique | No | No | No | No | No |
| Netherlands | No | Yes | Yes | No | Partially |
| Norway | No | No | Yes | No | Yes |
| Portugal | No | No | Yes | No | No |
| Poland | Yes | No | No | Depends | Yes |
| Romania | No | No | Yes | Depends | Yes |
| Scotland | No | No | Yes | No | Yes |
| Serbia | Yes | No | Yes | No | Yes |
| Singapore | No | No | Yes, but unlikely | Depends | Yes |
| Slovakia | No | No | Yes | No | Yes |
| Slovenia | No | No | Yes | No | Yes |
| Spain | No | Yes | Yes | Yes | Partially |
| Sweden | No | No | No | Yes | Yes |
| Switzerland | No | No | Yes | No | Yes |
| Türkiye | No | No | Yes | Yes | Partially |
| Ukraine | No | No | No | Yes | Yes |
| UPC | Yes | No | Yes | No | Yes |
Expert Guide on PIs
Slide title
IP insights webinar series 2026
jurisdiction
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