Article 62

Provisional and protective measures

Agreement On A Unified Patent Court

Part 3 – Organisation and Procedural Provisions

Chapter 4 – Powers Of The Court

Article 62 – Provisional and protective measures
  1. The Court may, by way of order, grant injunctions against an alleged infringer or against an intermediary whose services are used by the alleged infringer, intended to prevent any imminent infringement, to prohibit, on a provisional basis and subject, where appropriate, to a recurring penalty payment, the continuation of the alleged infringement or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the right holder.
  2. The Court shall have the discretion to weigh up the interests of the parties and in particular to take into account the potential harm for either of the parties resulting from the granting or the refusal of the injunction.
  3. The Court may also order the seizure or delivery up of the products suspected of infringing a patent so as to prevent their entry into, or movement, within the channels of commerce. If the applicant demonstrates circumstances likely to endanger the recovery of damages, the Court may order the precautionary seizure of the movable and immovable property of the alleged infringer, including the blocking of the bank accounts and of other assets of the alleged infringer.
  4. The Court may, in respect of the measures referred to in paragraphs 1 and 3, require the applicant to provide any reasonable evidence in order to satisfy itself with a sufficient degree of certainty that the applicant is the right holder and that the applicant’s right is being infringed, or that such infringement is imminent.
  5. Article 60(5) to (9) shall apply by analogy to the measures referred to in this Article.

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Rule 206 – Application for provisional measures

Rule 211 – Order on the Application for provisional measures

Rule 220 – Appealable decisions

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IV. Court of Appeal