Interim injunctions: Rapid protection for your IP
In the fast-moving world of business, time is often your most valuable asset.
When your intellectual property (IP) is under immediate threat (be it a looming infringement, a planned publication of confidential information, or an immediate risk to your business's reputation), you may not have the luxury of waiting for a full trial.
This is where an interim injunction becomes a critical tool.
An interim injunction is a powerful, temporary court order designed to prevent irreparable harm before a final decision is reached.
It is a decisive measure to "hold the ring" and preserve the commercial position, pending a decision later at trial (or via agreement between the parties), offering a crucial layer of protection when every moment counts.
Interim injunctions for IP: How we assist you
Our team is adept at handling the time-sensitive and high-stakes nature of interim injunction applications.
We understand the stringent legal requirements and the speed at which a compelling case must be prepared.
We work quickly to assemble the necessary evidence, draft robust legal arguments, and apply to the court for a without-notice hearing (if urgency demands it).
We have a proven track record of securing and defending against interim injunctions across all areas of intellectual property, including trade mark, copyright, and breach of confidential information disputes (amongst others).
Our dual experience means we are well-prepared to act decisively on your behalf, whether you need to prevent a wrongful act or challenge a claim made against you.
Our unique capability in this area
Our unique capability lies in our ability to provide rapid, yet commercially-focused, advice under pressure.
We don't just act quickly; we act strategically.
Before proceeding, we conduct a swift yet thorough assessment of your case, considering all potential risks and likely commercial outcomes.
Our goal is to secure the protection you need while ensuring that the strategy aligns with your long-term business objectives.
We provide clear, honest advice and will only recommend pursuing an interim injunction if it is the most commercially sound path forward. (Or, if you have been injuncted, critical and calm support to help you defend any claim robustly.)
Interim injunction applications need to be: quick, precise and comprehensive. They need to be quick so that damage is limited as far as possible. They need to be precise to avoid the risk of a counterclaim for damages. They need to be comprehensive in order to maximise the likelihood of the injunction being granted.
We are conscious of this, whichever side of the application we're on, in order to ensure that your best interests are served.
Interim injunctions for IP: Common questions and answers
What is the legal test for obtaining an Interim Injunction?
The legal test is stringent and has two main stages: First, the court must be satisfied that there is a serious question to be tried (i.e. your claim is not frivolous).
Second, the court considers the balance of convenience.
This means the court weighs the harm done to you if the injunction is not granted against the harm done to the defendant if it is granted.
Carefully prepared submissions here are critical, as the outcome (i.e. whether the injunction is granted or not) has a serious material impact on the businesses involved.
In addition to the above, the injunction hearing also assesses whether damages would be a suitable alternative to the injunction itself, with the injunction only being granted if this is not the case.
As a result, the injunction hearing is both high-stakes and highly technical - and precise and complete preparation is paramount.
What is the role of the "cross-undertaking in damages"?
The cross-undertaking in damages is a mandatory guarantee you must provide to the court when applying for an interim injunction.
It is a promise to compensate the defendant for any financial loss they suffer if the injunction is later found to have been wrongly granted.
We advise clients on the risks associated with this undertaking and often work with them to secure insurance to mitigate this exposure.
This also reaffirms the importance of specialist advice when it comes to applying for injunctive relief, as an unjust application can "backfire" with a significant financial impact.
What are the different types of Interim Injunctions available for IP disputes?
Beyond the standard prohibitory injunction (a "stop" order), we can seek highly specialised relief, including mandatory injunctions (compelling the defendant to act, like deleting data), freezing orders (freezing assets to prevent their disposal), and search orders (allowing immediate entry to the defendant's premises to secure evidence).
The type of order sought is strategically tailored to the specific harm your business is facing.
How quickly can you secure an Interim Injunction?
In highly urgent cases involving extreme or imminent damage (such as a mass data leak or product launch), an injunction can be sought within 48 hours or less (an ex parte application).
However, preparation is key. We work immediately to gather all necessary evidence and documents, often working with a singular focus on this matter to ensure we move faster than the opposing party to protect your commercial position.
Interim injunctions for IP: Next steps
Is your business facing a time-sensitive threat to its intellectual property? Do not delay. Use the calendar below to arrange an urgent appointment with our team to assess your situation and determine if an interim injunction is the right course of action.
The content on this page is provided for general informational purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this site. While we strive to ensure the information is accurate and up-to-date, it should not be relied upon as a substitute for professional legal counsel. For specific advice regarding your legal situation, please contact us directly to arrange a consultation.
Find out more about how we charge for what we do here.