- What are the most effective ways for a European patent holder whose rights cover your jurisdiction to enforce its rights in your jurisdiction?
The first and quickest defence against infringement is for the patent holder to apply for a temporary restraining order, which is granted if the petitioner shows that there exists a prima facie serious infringement as a matter of exceptional urgency. Such a request must be filed concurrently with a petition for injunction. If granted, the temporary restraining order is usually effective until the injunction hearing takes place. A petition for injunction is granted if the element of urgency is evident in the circumstances of the case. Within this framework, the patent holder may ask for both cessation of the infringing act and removal of the infringing products from the market. The patent owner has a right of information and is entitled to certain measures to preserve evidence.