A patentee may apply to the UPC for provisional measures against
an alleged infringer before an infringement action has
been brought or decided. The patentee may request an injunction,
the seizure of allegedly infringing goods, and the freezing of the
defendant's bank accounts and assets. The patentee may request
that the Court grants these measures without first hearing the
defendant.
A defendant may therefore be faced, without any prior warning or
opportunity to state its defence, with Court orders that seriously
impact on its business, such as an injunction preventing an
imminent product launch.
Fortunately, Rule 207 of the UPC Rules of Procedure (RoP)
provides a counterbalance to a patentee's right to seek
provisional measures: A party that suspects a patentee might bring
such an action can pre-empt that action by filing a Protective
Letter with the UPC Registry.
