Polish law provides a legal measure of granting preliminary
injunction. This measure also applies to intellectual property
cases, with additional regulations introduced by the legislator for
such category of cases.
Preliminary injunction is aimed at shaping the relations between
the plaintiff and the defendant – for the current time of the
proceedings – in such way that the interests of the party
asserting its rights are duly secured. At the same time, to keep
the appropriate balance, the provisions of the Polish Code of Civil
Procedure (CCP) stipulate that the opposing party may not be
burdened by a court decision beyond the need.
Requirements for filing PI motion
According to Article 7311 § 1 of the CCP, the requirements
for granting preliminary injunction consist in demonstrating that
the claim and legal interest are probable. At this early stage of
the proceedings it is not necessary to provide evidence beyond a
reasonable doubt. For example, in patent
