Striking early: preliminary injunctions in the UPC

10-11-2015

Paul England and Christof Höhne

Striking early: preliminary injunctions in the UPC

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A preliminary injunction, which may be obtained in the UPC to prevent continuing or imminent alleged infringement, is an important weapon. Paul England and Christof Höhne of Taylor Wessing explain more.

One of the most important powers in the Unified Patent Court’s (UPC) possession is the discretion to order preliminary injunctions againstan alleged infringer. A preliminary injunction may be obtained in the UPC to prevent ongoing alleged infringements and infringements that can be demonstrated to the court to be imminent.

In appropriate cases the court can also order the associated preliminary relief of seizure and delivery of the allegedly infringing products to prevent them from entering the market or further circulating within it.

In rarer circumstances, where the recovery of damages from an alleged infringer can be shown to be endangered, the court may orderthe precautionary seizure of the alleged infringer’s assets,including the freezing of bank accounts.


Paul England, Christof Höhne, Taylor Wessing, inter partes, ex partes, UPC, Court of Appeal,

WIPR