The article discusses the role of preliminary injunctions in the European Patent System, particularly under the Unified Patent Court (UPC). It highlights the necessity of urgency in these proceedings and explains the difference between regular actions and preliminary injunctions. With over 500 applications filed for preliminary injunctions since the UPC's inception until February 2025, the Düsseldorf Local Division stands out for its strict adherence to urgency requirements, allowing ex parte injunctions in some cases. Issues with Rule 213 complicate the process as patent proprietors must file regular actions concurrently with injunction appeals.
In the European IP system, the concept of injunction is central, especially within the Unified Patent Court (UPC), where both regular actions and preliminary injunctions are used.
Due to the wording of Rule 213, a successful patent proprietor in preliminary injunction proceedings must file a regular action while appeal proceedings are ongoing, running both in parallel.
The Düsseldorf Local Division stands out in its handling of preliminary injunction requests by emphasizing urgency and the need for quick action from patent proprietors.
In urgent cases, it may be possible to obtain an injunction without hearing the other party, indicating the expedited nature of preliminary injunctions.
#upc #preliminary-injunctions #european-patent-system #duumlsseldorf-local-division #intellectual-property
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