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General
- What kind of claims are subject to PIs?
- Is any prior, out of court action (e.g. a warning letter) required before filing an application for a PI?
- Does an application for a PI need to be filed within a certain deadline?
- How quickly can PIs be obtained?
- Can PI proceedings be suspended?
- Which kind of evidence is required in PI proceedings?
- Ex parte preliminary injunctions
- Costs and Security
- Remedies
- Enforcement
- Damages
- Main proceedings
jurisdiction
General
1. What kind of claims are subject to PIs?
PIs are most often employed to stop illegal activity and secure pecuniary claims while a claim on the merits is upcoming or pending. PIs are available in disputes concerning any types of IP rights – trade marks, industrial designs, patents, utility models, copyright and neighbouring rights, GIs, plant varieties, animal breeds, topologies, etc.
2. Is any prior, out of court action (e.g. a warning letter) required before filing an application for a PI?
No.
3. Does an application for a PI need to be filed within a certain deadline?
No.
4. How quickly can PIs be obtained?
In theory PIs must be heard by the judge the same day as lodged but in practice it may take several days.
5. Can PI proceedings be suspended?
No.
6. Which kind of evidence is required in PI proceedings?
PI proceedings require sufficient documentary evidence - only written evidence is accepted as there are no oral hearings in PI proceedings, no possibilities to employ witness testimonies, no possibility to engage forensic experts, etc. these are all rather appanages of the main proceedings.
Ex parte preliminary injunctions
7. Is it possible to obtain an ex parte PI (without hearing the counterparty)?
Yes.
Costs and Security
8. Are the costs recoverable from the counterparty in the event the PI is issued?
PI costs recovery depends on whether the main claim is successful.
9. Is the applicant required to provide a security deposit when requesting a PI?
At the discretion of the court, in practice most often – yes. In theory – not required if convincing written evidence is presented in support of the request.
Remedies
10. Is it possible to appeal or file other remedies against a PI? If so, does this suspend the effect of the PI?
Yes, it is possible to appeal the PI. The appeal does not suspend the first instance ruling on the PI. Appeal procedure is an inter partes procedure.
11. How long do the proceedings to challenge a PI usually take?
In theory the appeal procedure should take 3-4 weeks but can stretch to 4-5 months depending on first instance outcome: (i) if PI was granted, the counterparty has 7 days to submit an appeal; the applicant then has 3 days to respond. The appellate instance ruling is final. (ii) if the PI was rejected and appealed by the applicant, the proceedings move to the appellate court as second instance. If the second instance grants the PI, then the counterparty may appeal before the Supreme Cassation court.
Enforcement
12. When does a PI become effective?
Once the court ruling becomes final and no appeals are possible.
13. What legal measures are available to enforce compliance with a PI?
Some IP-related PIs may be imposed directly by the court. The enforcement of other PIs requires the intervention of a public or private bailiff.
Damages
14. Can the counterparty seek damages if the PI is later found to be unjustified and cancelled?
Yes.
Main proceedings
15. Are further proceedings on the merits required in order for the court to grant a final injunction?
Yes. PIs are interim measures that necessitate a claim on the merits to be heard in the main proceedings.
