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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?
Any IP right
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, there is an urgency criterion to be respected. Therefore, if the holder of an IP right allows the infringement for a certain period, PIs might be refused.
4. How quickly can PIs be obtained?
Within a few weeks or days, depending on the urgency of the case.
5. Can PI proceedings be suspended?
Yes.
6. Which kind of evidence is required in PI proceedings?
Any means of evidence.
Ex parte preliminary injunctions
7. Is it possible to obtain an ex parte PI (without hearing the counterparty)?
Yes.The “description seizure” is an ex parte proceeding. Other PIs are normally not ex parte. However, when any delay would be likely to cause irreparable harm to the holder of the IP, the latter may obtain, at the discretion of the judge, an ex parte PI (this is in exceptional cases).
Costs and Security
8. Are the costs recoverable from the counterparty in the event the PI is issued?
In the event of a favorable decision on the merits, the judge may order costs, which are often not very high and are unlikely to cover all the costs (including lawyers’ fees) associated with the PI.
9. Is the applicant required to provide a security deposit when requesting a PI?
No,but may be ordered by the judge in order to ensure the possible compensation of any prejudice suffered by the defendant.
Remedies
10. Is it possible to appeal or file other remedies against a PI? If so, does this suspend the effect of the PI?
PIs may be appealed within 15 days of notification. This does not suspend their effects.
11. How long do the proceedings to challenge a PI usually take?
These appeals are heard urgently, i.e. within a few days/weeks.
Enforcement
12. When does a PI become effective?
In principle, they are immediately effective.
13. What legal measures are available to enforce compliance with a PI?
The judge may order seizure, as a precautionary measure and, where appropriate, the blocking of bank accounts and other assets. The judge may also order periodic penalty payments.
Damages
14. Can the counterparty seek damages if the PI is later found to be unjustified and cancelled?
In cases where PIs are repealed or cease to be applicable due to any action or omission of the claimant, or in cases where it is subsequently found that there has been no infringement or threat of infringement of the IP, the court may order the claimant, at the defendant's request, to pay the defendant appropriate compensation for any damage.
Main proceedings
15. Are further proceedings on the merits required in order for the court to grant a final injunction?
If, within the period specified in the order or, in the absence of a specified period, within one month of the order, the PI is not followed by a substantive action on the merits, the order shall cease to have effect at the defendant's request.
