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Action for preliminary injunction

Definition : Action for preliminary injunction

An action for preliminary injunction is a legal procedure that allows a rights holder to obtain a temporary court order to temporarily prohibit a person suspected of infringement from exploiting, manufacturing, selling, or marketing the protected product or process.

This type of action is most often brought in relation to a patent. The objective of this measure is to prevent the alleged infringement from continuing during the course of the judicial proceedings. This measure is often used in patent cases to protect the patent holder's rights pending a final decision by the court on the validity of the patent and the proof of infringement.

To obtain a preliminary injunction, Article L. 615-3 of the Intellectual Property Code requires proving the likelihood of patent infringement and the imminence of this infringement.

A patent attorney, for example, would be likely to intervene to bring such an action when it involves patent infringement.