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

Mozambique
Add jurisdiction

General 

1. What kind of claims are subject to PIs? 

Any situation in which the applicant has cause to believe a third party will, before or pending the main action, cause serious, irreparable damage to IP rights.

2. Is any prior, out of court action (e.g. a warning letter) required before filing an application for a PI?

It is not necessary. The sending of a warning letter is optional.

3. Does an application for a PI need to be filed within a certain deadline?

The law does not set a specific deadline. However, there must be  a well-founded fear of damage to IP rights without a PI. The application must be filed before the damage occurs.

4. How quickly can PIs be obtained?

The PI must be obtained within a maximum of 30 days from the date the applicant became aware of the actions of the third party.

5. Can PI proceedings be suspended?

No, it cannot be suspended.

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

Evidence can be in the form of statement of confessions, documents, expert witnesses, witnesses and judicial review and judicial inspection.

Ex parte preliminary injunctions

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

Yes - a PI can be ordered without hearing the counterparty.

If PI is granted without the hearing of the counterpart the court will schedule a hearing (deferred hearing) in which the counterpart can present arguments and witnesses. After the hearing the court can confirm, revoke or modify the Provisional Order.

Costs and Security

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

No, the costs are not recoverable from the counterparty.

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

The applicant is not required to provide security when applying for a PI.

Remedies 

10. Is it possible to appeal or file other remedies against a PI? If so, does this suspend the effect of the PI?

It is possible to appeal against a PI. The effect of an appeal in a PI is non-suspensive.

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

It usually takes between 1 and 2 years.

Enforcement  

12. When does a PI become effective?

The PI takes effect once it has been ordered.

In order to enforce compliance with a PI, the decision must be notified to the IPI, INAE and the Public Force if necessary.

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?

Once the injunction has been ordered, the applicant must file the main action within 30 days.