Rules of Procedure of the Unified Patent Court (RoP)

Rule 212

Decision on provisional measures without hearing the defendant

1. The Court may only order provisional measures without the defendant having been heard in cases where any delay is likely to cause irreparable harm to the applicant. Rule 197 shall apply mutatis mutandis.

2. Where provisional measures are ordered without the defendant having been heard, Rule 210 shall apply mutatis mutandis to the oral hearing without the presence of the defendant. In such cases, the defendant shall be given notice of the provisional measures without delay and at the latest immediately at the time of execution of the measures.

3. The defendant may request a review. Rule 197.3 and .4 shall apply mutatis mutandis. Relation with Agreement: Article 60(5) and (6)

Notes

Status: 15th draft of 31st May 2013