Preliminary Injunctions: A Sharp Tool For Rights Owners

By Henning Hartwig and Florian Traub

First published in MIP, Guide to the World's Leading Trademark Law Practitioners.

How can an owner's right be effectively and rapidly protected against infringement of its IP rights? Preliminary court proceedings in Germany are a sharp tool in disputes about infringement of trade marks, designs, patents, copyrights or acts of unfair competition. German courts are prepared to grant a preliminary injunction ex parte if the petitioner shows evidence as to ownership and validity of its IP rights, enough likelihood of infringement and urgency of the matter. Ex parte proceedings allow for injunctions to be obtained very quickly, and are possible even on the day of the application.