Protective Letters in Patent Matters: the Situation in Spanish Courts

1. EX PARTE PROVISIONAL MEASURES AND PROTECTIVE LETTERS
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1.1. As is well known, under Spanish law provisional measures may be applied for and granted ex parte. Thus, even though art. 733(1) of the Spanish Civil Procedure (CPA) provides that «as a rule, the court shall render a decision on an application for provisional measures after hearing the defendant», art. 733(2) of the same (as worded by Act No. 19/2006, of 5 June 2006, widening the range of remedies available to protect intellectual and industrial property rights) allows provisional measures to be ordered without hearing the parties «where the applicant so requests and shows evidence of circumstances of urgency or of likelihood that the redress sought will be jeopardised by hearing the other party»…