Wednesday, February 7 2024   \  Published by Bird & Bird.

CJEU ruling confirms permissibility of strict liability in preliminary injunction proceedings

CJEU ruling confirms permissibility of strict liability in preliminary injunction proceedings

In January 2024, the CJEU issued its keenly-awaited ruling in Mylan v Gilead (case C-473/22). This confirms the permissibility of certain types of strict liability regimes for losses caused by preliminary injunctions (PI) that have been cancelled. The ruling does not follow the Advocate General’s opinion, which was given in September 2023.

The CJEU’s ruling clarifies its previous ruling in Bayer Pharma (C 688/17, 12 September 2019). It confirms that certain type of strict liability regimes are consistent with the Directive on the enforcement of intellectual property (IP) rights (2004/48/EC) (the Enforcement Directive).

Background

The CJEU’s ruling provides for several interesting remarks and clarifications. The questions referred to the CJEU originated from the Market Court of Finland and concerned liability related questions when the IP right that the granted PI is based on is later found invalid. Read more

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