Provisional Injunction Action

The provisional injunction action is a legal procedure that allows the holder of a patent or an intellectual property right to request urgent judicial measures to prevent an alleged infringement before a final ruling on the merits of the case. This action aims to immediately stop an infringing activity to prevent irreparable harm.

Legal Basis

This action is governed by Article L.615-3 of the French Intellectual Property Code (CPI), which states:

“When the court is seized of an infringement action based on a patent, its president, ruling as in summary proceedings, may provisionally prohibit, under penalty, the continuation of the allegedly infringing acts, or make their continuation subject to the provision of guarantees intended to ensure the compensation of the patent holder.”

“The request for prohibition or provision of guarantees is only admissible if the action on the merits appears serious and has been initiated within a short period from the day the patent holder became aware of the facts on which it is based.”

“The judge may make the prohibition subject to the provision by the applicant of guarantees intended to ensure the possible compensation of the damage suffered by the defendant if the infringement action is later found to be unfounded.”

Conditions for the Plaintiff

• Patent ownership or rights invoked: The plaintiff must be the holder of a valid patent or an exclusive licensee with standing to take legal action.

• Risk of rights infringement: The plaintiff must demonstrate the existence of an imminent risk or an ongoing infringement that could cause significant harm.

Conditions for the Defendant

• The action must be directed against the alleged infringer, whether a company or an individual.

Procedural Requirements

• Urgency: The plaintiff must prove that the infringement of their rights requires the judge’s urgent intervention to prevent irreversible consequences.

• Burden of proof: The plaintiff must provide sufficiently convincing evidence to establish a real risk of rights infringement.

Effects of the Action

• In case of success:

  • The judge may order the immediate cessation of the allegedly infringing acts.

  • The judge may also impose financial guarantee measures on the defendant to ensure the plaintiff’s compensation if infringement is later confirmed.

  • These measures may include the seizure of infringing products or the prohibition of their marketing.

• In case of failure:

  • If the judge considers the evidence insufficient, they may refuse to order the provisional injunction.

  • The plaintiff will then have to initiate a standard infringement action without benefiting from immediate protective measures.

The provisional injunction action is a key strategic tool for patent holders who wish to quickly protect their rights without waiting for a final court decision. It helps prevent infringing acts from continuing and causing irreparable harm.