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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?
They are available in any regular proceeding (eg. fulfillment of obligation, on the claim to arrange the rights and obligations of the parties, on determining whether there is a right or not and on the determination of a legal fact, if this results from a special regulation) and are available to all IP rights
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.
4. How quickly can PIs be obtained?
Usually within 30 days.
5. Can PI proceedings be suspended?
Yes.
6. Which kind of evidence is required in PI proceedings?
The same as that which is available in any regular proceedings.
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.
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, it is possible to appeal, and there is no suspensive effect.
11. How long do the proceedings to challenge a PI usually take?
Usually several months.
Enforcement
12. When does a PI become effective?
When is delivered or declared to the parties.
13. What legal measures are available to enforce compliance with a PI?
Same as of a regular judgment.
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?
No.