The Urgency of Preliminary Injunctions in the Unified Patent Court

Abstract

This thesis examines the urgency requirement in preliminary injunction proceedings under the Unified Patent Court (UPC). According to prevalent UPC jurisprudence, the requirement plays a fundamental role in determining whether interim injunctive relief may be granted in disputes concerning Unitary patents and certain European patents. However, the judicatory interpretation for urgency within different Contracting Member States of the Agreement on a Unified Patent Court remains unharmonised.

The study utilises a comparative approach by analysing the history of the European patent regime, the UPC and its relevant case law, specific procedural rules concerning injunctive relief, and underlying principles of harmonisation concerning the legal interpretation of urgency. Particular attention is placed to the divergence in how urgency is understood as a requirement for preliminary injunctions in different national legal systems within the European patent regime, and its implications for the effective functioning of the UPC.

The findings reveal notable inconsistencies within the current application of the urgency requirement, highlighting a need for a more systematic and coherent framework governing the subject matter. Finally, the examination addresses potential amendments to the prevalent UPC framework. The amendments would better align the urgency requirement with the principles of legal certainty and proportionality, thereby enhancing the uniform application of the UPC framework across the Contracting Member States.