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Published byAaron Norris Modified over 11 years ago
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Preliminary Injunctions in IP cases Simon Smith Partner Blake Lapthorn Taro Lyons
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How can we stop them? Real risk of infringement causing damage Real risk of products being brought into the UK Must act quickly
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Factors supporting injunctive relief Having acted quickly! Imminent threat Damages alone are not sufficient You own the IP Financial stability – evidence!
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Possible defences to anticipate No infringement Patent invalid
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Timing and costs A few days – interim injunction Write letter before action or go ex parte? Significant risk of significant harm 12 months to trial – may be more Initial injunction - £15 – 20k Full trial - £100k?
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Resources and evidence needed Financial strength Evidence of market position Evidence of use of trade mark Evidence of why infringement/damage is anticipated Evidence of what has been imported so far?
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Remedies Permanent injunction Damages or account of profits Delivery up Seek help from HM Customs & Revenue – impound?
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