Ex Parte

An ex parte puts holders of intellectual property rights in a procedure to put an end to an impending infringement. The ex parte is somewhat comparable to summary proceedings. However, the counterparty will not be heard in an ex parte. Since this is very drastic for the other party, an ex parte will not simply be allocated. In any case, the plaintiff must have a very urgent interest.

The claimant submits a petition to the court. In this, they state that there has been an infringement of intellectual property rights and they demand a ban on certain actions by the other party under penalty of periodic penalty payments.

Disadvantages of the ex parte are that only a prohibition of certain infringing acts can be claimed. Therefore no compensation can be claimed in this procedure.

After the ex parte, a substantive procedure must be started in court, so that the other party has the opportunity to defend itself. Other claims may be made in this main proceedings. For example, compensation can be claimed in this appeal.