Where to go for an injunction
The speed, scope and structure of interim injunctions vary wildly across Europe. Five of the biggest and most divergent jurisdictions are compared, to help you formulate EU-wide strategy
Preliminary injunctions are granted when two conditions are satisfied. First, the claimant must provide reasonable proof of an actual or imminent infringement, and second, there must be no serious doubt on the ownership of the patent. While the case law is not settled since the implementation of the Directive into French law, the general trend is also to require that the patent is prima facie valid. Overall, the test remains essentially the same as the one applied before the implementation of the Directive, that the underlying action on the merits must appear serious.
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