1. General 
    1. What kind of claims are subject to PIs? 
    2. Is any prior, out of court action (e.g. a warning letter) required before filing an application for a PI?
    3. Does an application for a PI need to be filed within a certain deadline?
    4. How quickly can PIs be obtained?
    5. Can PI proceedings be suspended?
    6. Which kind of evidence is required in PI proceedings? 
  2. Ex parte preliminary injunctions
    1. Is it possible to obtain an ex parte PI (without hearing the counterparty)?
  3. Costs and Security
    1. Are the costs recoverable from the counterparty in the event the PI is issued?
    2. Is the applicant required to provide a security deposit when requesting a PI?
  4. Remedies 
    1. Is it possible to appeal or file other remedies against a PI? If so, does this suspend the effect of the PI?
    2. How long do the proceedings to challenge a PI usually take?
  5. Enforcement  
    1. When does a PI become effective?
    2. What legal measures are available to enforce compliance with a PI?
  6. Damages 
    1. Can the counterparty seek damages if the PI is later found to be unjustified and cancelled?
  7. Main proceedings 
    1. Are further proceedings on the merits required in order for the court to grant a final injunction?

jurisdiction

Czech Republic
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General 

1. What kind of claims are subject to PIs? 

PIs may be ordered in claims involving the infringement of all typical IP rights, including patents, trademarks, and copyright, provided that:

  • it is necessary to provisionally regulate the arrangements of the parties; or 
  • there is a risk the enforcement of the judgment will be jeopardised.

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; however, the conditions specified in answer to question 1 must be met. The claimant shall not unreasonable delay filing the request.

4. How quickly can PIs be obtained?

The court must decide on a request to order a PI without undue delay; and in any event, no later than seven days from delivery of the request.

5. Can PI proceedings be suspended?

No.

6. Which kind of evidence is required in PI proceedings? 

A PI can be ordered only upon substantiated request in which the claimant evidences that the conditions for ordering the PI are met. The request must be accompanied by the relevant evidential documents.

Ex parte preliminary injunctions

7. Is it possible to obtain an ex parte PI (without hearing the counterparty)?

Yes. PIs are decided without hearing the other party.

Costs and Security

8. Are the costs recoverable from the counterparty in the event the PI is issued?

Yes. Compensation for these costs can be awarded as part of the final judgment in the subsequent court proceedings.

9. Is the applicant required to provide a security deposit when requesting a PI?

Yes. The claimant is obliged to pay security in the amount of CZK 50,000 (approx. EUR 2,000). However, the court may decide that the amount of security shall be increased.

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, a party may appeal against a decision to order a PI. The appeal does not suspend the effect of the PI. The only grounds for appealing the decision is that the conditions for ordering the PI were not met.

The defendant can also submit a motion to cancel the PI if the conditions for ordering it have changed and it is no longer necessary.

11. How long do the proceedings to challenge a PI usually take?

The appeal court usually decides within 2-4 months.

Enforcement  

12. When does a PI become effective?

The decision to order a PI is enforceable upon announcement. If no announcement has been made, the PI is enforceable as soon as it has been served on the person on whom it imposes an obligation.

Yes. A claim for damages caused by the PI must be filed within 6 months after the PI ceases or was cancelled.

Damages 

14. Can the counterparty seek damages if the PI is later found to be unjustified and cancelled?

Yes. A claim for damages caused by the PI must be filed within 6 months after the PI ceases or was cancelled.

Main proceedings 

15. Are further proceedings on the merits required in order for the court to grant a final injunction?

If the court orders a PI before the proceedings on the merits is initiated, it also invites the claimant to submit the lawsuit on the merits within a given period (usually 30 days). If the claimant fails to file the lawsuit within the time limit, the PI ceases.