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Preliminary injunctions: a comparative global overview

Preliminary injunctions can be a valuable tool for rights holders, but they are not always straightforward to obtain. Lawyers from Hogan Lovells provide a comparative global overview of strategies for obtaining them in different jurisdictions

Court proceedings are a key element of defending one’s rights, as amicable dispute settlements are not always possible. However, while a final court judgment generally offers a high level of legal protection for both parties and is guaranteed by strict procedural rules, it usually takes a long time to be issued. This is not practical in cases where fast reactions are required – especially IP cases, where it can be essential to stop infringements right away. In such cases preliminary injunctions are often the best option. They bridge the period until a final judgment can be issued with a temporary decision which can be obtained very quickly, sometimes within a few hours. However, preliminary injunctions are not always available.

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Issue 71