Practice Areas | Legal Enforcement | Q & A
D. Interim injunctions 3. What protective steps can be taken by a party that fears an interim injunction application?
All three kinds of interim injunction may be exempt or revoked by providing the court-assessed countersecurity or by lodging the amount claimed. In addition, the ruling for interim injunction can be appealed and the superior court shall, before issuing the ruling, give the creditor and the debtor an opportunity to be heard.
D. Interim injunctions 4. How does the court decide whether to grant/refuse an interim injunction?
There are 4 factors the court will consider when deciding whether to grant the preliminary injunction maintaining a temporary status quo:
1.      the likelihood that the applicant of the preliminary injunction will win;
2.      whether the party against which the preliminary injunction is granted will suffer irreparable harm;
3.      balance between the applicant’s damages suffered if the preliminary injunction were not granted and the harm suffered by the party against which the preliminary injunction is granted; and
4.      whether granting the preliminary injunction will negatively affect public interests.
D. Interim injunctions 5. Does a party awarded an interim injunction have to provide a bond or undertaking?
Yes. The Court may order the patentee to provide a security for the preliminary injunction sought despite the fact that the preliminary showing of the claim and the ground for the preliminary injunction has been made by the creditor.
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