In particularly urgent cases, intellectual property rights owners may apply for a preliminary injunction instead of, or at the same time as, proceedings on the merits. Speed is often imperative if an infringing product is launched on the market, especially if it is sold at an undercut price causing lasting damage to the intellectual property rights owner for which he is unlikely to be adequately compensated.
For a preliminary injunction to be issued there must be a clear infringement of intellectual property rights without serious doubt as to the validity of the patent or utility model. The intellectual property rights owner is also required to act quickly as soon as they become aware of all relevant circumstances of the infringement of their rights.
Patent and utility models are basically enforced in the same way. The following therefore applies to the assertion of both patents and utility mod-els, except where express reference is made to differences.