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Rules of Procedure of the Unified Patent Court (RoP)

Rule 206

Application for provisional measures

  1. An Application for provisional measures may be lodged by a party (hereinafter "the applicant") before or after main proceedings on the merits of the case have been started before the Court.
  2. An *Application for provisional measures shall contain

    • (a) particulars in accordance with Rule 13.1(a) to (i),
      (b) a indication of the provisional measures which are being requested [Rule 211.1],
      (c) the reasons why provisional measures are necessary to prevent a threatened infringement, to forbid the continuation of an alleged infringement or to make such continuation subject to the lodging of guarantees,
      (d) the facts and evidence relied on in support of the Application, including evidence to support the claim that provisional measures are necessary including the matters referred to in Rule 211.2 and .3,
      (e) a concise description of the action which will be started before the Court, including an indication of the facts and evidence which will be relied on in support of the main proceedings on the merits of the case.

  3. Where the applicant requests that provisional measures be ordered without hearing the other party (hereinafter "the defendant"), the *Application for provisional measures shall in addition contain

    • (a) the reasons for not hearing the defendant having regard in particular to Rule 197,
      (b) information about any prior correspondence between the parties concerning the alleged infringement.

  4. The applicant shall be under a duty to disclose any material fact known to it which might influence the Court in deciding whether to make an order without hearing the defendant including any pending proceedings and/or any unsuccessful attempt in the past to obtain provisional measures in respect of the patent (or patents).

  5. Rule 14 shall apply mutatis mutandis. The applicant shall pay the fee for the Application for provisional measures [EUR***], in accordance with Part 6. Rule 15.2 shall apply mutatis mutandis.

Notes

Relation with Agreement: Articles 32(1)(c) and 62

Status: 15th draft of 31st May 2013