Published: 6/12/16
Publication: Kluwer Patent Blog
he main requirements for applying for a preliminary injunction in Spain are “fumus boni iuris” (i.e., indicia of likelihood of success) and “periculum in mora” (i.e. danger in the delay). A recent decision handed down by the three Barcelona patent Judges (the Judge Rapporteur was the Judge in charge of Commercial Court number 5) has explored the contours of the second requirement, which is enshrined in article 728.1 of the Civil Procedure Act. [READ MORE]