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ARTICLE · 16 FEBRUARY 2026

Preliminary Injunctions And "Unreasonable Delay" At The UPC - Key Takeaways From Recent UPC PI Decisions

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Preliminary injunctions (PIs) under the UPC's framework are an exceptional remedy. While Art. 62(2) of the UPC Agreement (UPCA) and Rule 211.3 of the Rules of Procedure (RoP)...

United KingdomIntellectual Property
Maximilian Martini
Maximilian Martini
Rachel Montagnon
Rachel Montagnon
Amelia Chammas
Amelia Chammas
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Preliminary injunctions (PIs) under the UPC's framework are an exceptional remedy. While Art. 62(2) of the UPC Agreement (UPCA) and Rule 211.3 of the Rules of Procedure (RoP) do not contain an explicit "urgency" requirement, Rule 209.2(b) RoP instructs the Court to "take into account [...] the urgency of the action" and Rule 211.4 RoP requires to Court to consider "any unreasonable delay in seeking provisional measures".

UPC case law has now firmly established that undue delay can be fatal to a PI application, although, so far, the UPC has rejected rigid deadlines. The UPC Court of Appeal (CoA) has repeatedly emphasised that delay must be assessed on a case-by-case basis, considering all circumstances.

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