Protective Letters At The UPC

By their nature, preliminary injunctions are decided upon before the court has heard the full facts and arguments of the parties in order to conclude whether or not the accused party is actually infringing. The point of these measures is to put a quick halt to infringements, where it seems critical to do so, without waiting for the end of a lengthy trial. The UPC agreement even gives the court the discretionary ability to grant preliminary injunctions ex parte – that is, without hearing the accused infringer at all on the issue of whether or not a preliminary injunction would be justified.