CMS Expert Guide on Preliminary Injunctions in IP in Sweden

A variety of  IP claims, including copyright, design rights; trade marks; company names; patents, plant breeders’ rights; rights to topographies for semiconductor products; Trade secrets and unfair marketing practices. 

No. Although, a party who initiates court action without first exploring the possibility of settlement, or who otherwise intentionally or negligently causes unnecessary legal proceedings, will typically be required to cover the opposing party’s legal costs, regardless of the case outcome.

Generally, no. An application for a PI can be filed before, as well as during, the main proceedings. It is also possible to file an application for a PI in the higher courts. However, general rules on passivity still apply. 

It depends on the circumstances in each case and the current workload of the court. However, courts are obligated to handle requests for PIs swiftly.

Generally, no. However, if a decision to grant a PI is appealed, a higher court may suspend the enforcement of the PI while considering the appeal (at the counterparty’s request).

In order to obtain a PI, the applicant must show that they have  a valid IP  right;  the counterparty has engaged in actions that infringe upon the IP right; and  the continued infringement, or contribution to it, will diminish the value of the IP right

Yes. Under normal circumstances, the counterparty must be heard before a PI can be issued. However, if there is a risk that hearing the counterparty could harm the right holder’s interest, a PI can be issued ex parte.

Yes. Under normal circumstances, the counterparty must be heard before a PI can be issued. However, if there is a risk that hearing the counterparty could harm the right holder’s interest, a PI can be issued ex parte.

As a general rule, the applicant must provide security for any damages that it may have to pay if the PI is later found to be unjustified. The security shall take the form of a pledge or a guarantee. However, the obligation to provide security may be waived in certain circumstances where the applicant is unable to provide such security.

Yes, it is possible to appeal against a PI. Appeals against a PI issued during the trial are made specifically against the decision/PI in question. A PI issued in connection with the judgment is appealed in the same way as an appeal against the judgment itself.

If an application for a PI has been granted, the counterparty may also apply for a stay of execution, which means that the PI cannot be enforced for the time being. The court will not suspend the effect of the PI unless one of the parties makes such an application.

It is difficult to give an exact timeframe for the process of challenging a PI. It depends on the circumstance in the case and the current workload of the court. However, the courts are obliged to deal with matters concerning PIs expeditiously. 

The PI generally becomes effective as soon as the decision is served on the counterparty. 

A PI is usually issued under penalty of a conditional fine. In the event of non-compliance with the PI, the applicant may initiate a separate court proceeding for the imposition of the fine.

Another legal measure available to enforce compliance with a PI is the possibility to apply for the enforcement of the PI with the Swedish Enforcement Agency. 

Yes. The obligation to pay damages if the PI is found to be unjustified applies irrespective of negligence and covers all damage, including pure pecuniary damage. 

Yes. Once a PI has been granted, the applicant must bring an action against the counterparty on the “main issue” of the case (or request arbitration) within one month from the decision to grant the PI (unless such an action has already been brought).  Failure to do so automatically results in the PI becoming void.