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Preliminary injunction proceedings in German intellectual property disputes, in: Journal of Intellectual Property Law & Practice (2013) 8: 136-145

In intellectual property matters, the preliminary injunction proceeding can be a very effective means for obtaining quick solutions for conflicts in Germany.

However, whether or not to apply for a preliminary injunction before the civil courts has to be evaluated carefully, because some of the requirements are rather strict and can lead to a full loss of the case, including costs for the court and opponents‘ counsel, whereas other requirements are not as strict as in regular court proceedings and provide for a rather effective means to pursue and quickly resolve intellectual property matters, especially compared to other European countries.

The article provides an overview of the legal requirements and the most recent case law in the different fields of intellectual property law as well as some strategic issues when conducting a preliminary injunction proceeding.

Author(s): Askan Deutsch