General 

1. What kind of claims are subject to PIs? 

Regarding all IP rights, the following claims can be subject to a PI: Injunctive relief, (provisional) tolerance, elimination, information, third-party information, production of information and inspection, provision of bank, financial or commercial documents, custody or sequestration for the purpose of destruction, (provisional) declaration of intent.

With regards to patent and copyright law, claims for compulsory licenses can be subject to PIs as well.

Moreover, a claim for access restriction to a website can be subject to a PI.

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?

Yes.

4. How quickly can PIs be obtained?

Usually 2-3 days (in case of an ex-parte PI).

5. Can PI proceedings be suspended?

Yes.

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

Prima facie evidence.

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?

Yes (attorney fees are capped by statutory fees).

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

No. 

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, remedies are possible. However, these will not suspend the effect of the PI.

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

First instance proceedings usually take approx. 3-4 months (longer periods possible).

Enforcement  

12. When does a PI become effective?

Once the other side is served with the PI within the enforcement period.

Requesting for the court to order a fine of up to EUR 250,000 or imprisonment of up to 6 months.

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, but the other side may also accept the PI as final.