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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?
A PI may be requested whenever there is a violation or a well-founded fear that another person has caused serious and difficult to repair damage to the industrial property right or trade secret.
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, once the PI has been granted, the applicant must file the main proceedings within 30 days from the date of notification of the final judgement of the PI
4. How quickly can PIs be obtained?
In the first instance, within a maximum of 2 (two) months or, in the case of an ex parte PI, 15 (fifteen) days.
5. Can PI proceedings be suspended?
Yes. PI proceedings may be suspended for such reasons as the death of one of the parties, an order of the court or the agreement of the parties.
6. Which kind of evidence is required in PI proceedings?
The applicant must provide the Court with evidence capable of demonstrating that they the holder of the industrial property right or trade secret, or that they are authorized to use it, and that an infringement has occurred or is imminent.
Ex parte preliminary injunctions
7. Is it possible to obtain an ex parte PI (without hearing the counterparty)?
Yes. Ex parte PI is admissible where any delay in applying the PI would cause irreparable damage to the applicant, or where there is a serious risk of destruction or concealment of evidence.
Costs and Security
8. Are the costs recoverable from the counterparty in the event the PI is issued?
No. The costs are recoverable from the counterparty after the main proceedings have ended and only if the main proceedings are upheld, i.e. if the applicant wins.
9. Is the applicant required to provide a security deposit when requesting a PI?
No. However, the Court may, in certain cases, make the granting of the PI dependent on the applicant providing adequate security wherever the Court deems it appropriate in view of the circumstances .
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. An appeal against the decision to grant a PI has no suspensive effect, unless requested from the Court. An appeal against a decision not to grant a PI does.
11. How long do the proceedings to challenge a PI usually take?
The appeal process usually takes from 3 (three) up to 6 (six) months.
Enforcement
12. When does a PI become effective?
Once the deadline for appeal has expired and no appeal has been submitted.
13. What legal measures are available to enforce compliance with a PI?
Non-compliance with a PI constitutes the criminal felony of qualified disobedience, punishable with a fine up to 240 days (the Court will attribute a value to each day, e.g., 10 EUR per day) or up to 2 (two) years of imprisonment.
Damages
14. Can the counterparty seek damages if the PI is later found to be unjustified and cancelled?
Non-compliance with a PI constitutes the criminal felony of qualified disobedience, punishable with a fine up to 240 days (the Court will attribute a value to each day, e.g., 10 EUR per day) or up to 2 (two) years of imprisonment.
Main proceedings
15. Are further proceedings on the merits required in order for the court to grant a final injunction?
Yes. The PI is only a temporary measure and therefore its maintenance depends entirely on further proceedings on the merits.
