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Eversheds Sutherland (International) LLP | European Union | 6 Nov 2023

Preparation is paramount - Unified Patent Court issues ex parte preliminary injunction within hours

150 days after the coming into effect of the Agreement on the Unified Patent Court (“UPC”), more and more decisions are being published. The case…
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LexOrbis | India | 1 Nov 2023

Who Owns Jhakaas: Examining Personality Rights In India

In the recent case of Anil Kapoor Vs Simply Life India and Others, Indian Actor Anil Kapoor was recently granted an interim ex-parte omnibus…
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D Young & Co LLP | European Union | 9 Oct 2023

UPC: four months since the start, what have we learnt?

The number of proceedings and parties involved have been widely reported. They include existing parties in litigation (for example, Amgen v Sanofi…
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ENS | South Africa | 15 Aug 2023

The price of oversight: the importance of citing interested parties

In the case of Pret Lourenco and Another v Lourenco and Others at the Johannesburg High Court, Rudy Lourenco and Tanya Chammas initiated a rescission…
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Westerberg & Partners Advokatbyrå AB | Sweden | 24 Apr 2023

When can a preliminary injunction be granted ex parte?

This case discussed in this article examines the conditions under which a preliminary injunction can be granted ex parte. While the Patent and Market Court of Appeal ultimately found that those conditions were not met in the case at hand, the ruling poses interesting questions on the traditionally restrictive Swedish view on ex parte preliminary relief in patent cases. The case shows that a......
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M&CO Legal | United Arab Emirates | 6 Mar 2023

Interim measures in construction matters ex parte applications - friend or foe?

Typically, parties undergoing disputes submit Ex Parte applications if they anticipate that giving notice could defeat the purpose of the…
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AG Erotocritou LLC | Cyprus | 12 Jul 2022

Cyprus court rejects application for interim orders due to abuse of process and res judicata

In a recent judgment, the president of the District Court of Nicosia held that the refiling of an action, after a previous action on the same issues was withdrawn because the Court had then refused to issue orders on an ex parte basis, constitutes abuse of process. In its judgment, the Court sought to prevent abusive practices by litigants, and took a pragmatic approach with regard to the......
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Ogier | Cayman Islands | 22 Mar 2022

When is it appropriate to seek ex parte relief in the Cayman Islands?

In Cathay Capital Holdings III, LP v Osiris International Cayman Limited, the Grand Court of the Cayman Islands set out a helpful reminder of the circumstances in which it is appropriate to seek relief on an ex parte basis (ie, without notice to the party against whom the relief is sought). This article discusses the legal principles of the case and the decision.
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Ogier | Cayman Islands | 17 Mar 2022

When is it appropriate to seek ex parte relief in the Cayman Islands?

In Cathay Capital Holdings III, LP v Osiris International Cayman Limited, the Grand Court of the Cayman Islands set out a helpful reminder of the circumstances in which it is appropriate to seek relief on an ex parte basis (ie, without notice to the party against whom the relief is sought). This article discusses the legal principles of the case and the decision.
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VISCHER AG | Switzerland | 28 Feb 2022

Injunctive Relief in Switzerland

The importance of injunctive relief has been constantly in the rise. Strategic litigation is more than filing solid briefings and waiting for the…
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