Practice Areas | Legal Enforcement | Q & A
C. Court proceedings 9. If a European patent is opposed are national proceedings on it stayed?
(This question can be omitted as it does not apply to Taiwan)
D. Interim injunctions 1. Are interim injunctions available in your country (and if so, how common are they)?
Yes. There are three kinds of interim injunctions available, namely: provisional attachment, provisional injunction and injunction maintaining a temporary status quo.
 
According to Article 522 of the Code of Civil Procedure, a creditor may apply for provisional attachment with regard to monetary claims or claims exchangeable for monetary claims for purposes of securing the satisfaction of enforcement.
 
Whereas Article 532 of the Code of Civil Procedure provides that, a creditor may apply for a provisional injunction with regard to non-monetary claims for purposes of securing the satisfaction of compulsory execution.
 
For intellectual property rights, a preliminary injunction maintaining a temporary status quo (hereinafter “preliminary injunction”) is frequently sought for in order to stop infringing products from continuous importation, sales and manufacture. Article 538 of the Code of Civil Procedure provides that where necessary for purposes of preventing material harm or imminent danger or other similar circumstances, an application may be made for an injunction maintaining a temporary status quo with regard to the legal relation in dispute. 
 
A preliminary injunction maintaining a temporary status quo in patent-related cases are very rarely granted by the IP Court under the Court’s stringent scrutiny.
D. Interim injunctions 2. Can interim injunctions be obtained ex parte (without notice)?
Only provisional attachment can be obtained ex parte, hearings are required for applications of provisional injunction and preliminary injunction maintaining a temporary status quo.
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