EXCO/IT25/RES/003
STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
www.ficpi.org
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Resolution of the Executive Committee, Naples, Italy
13 and 16 October 2025
“Principles for Preliminary Injunctions”
FICPI
, the International Federation of Intellectual Property Attorneys, broadly representative of
the free profession throughout the world, assembled at its Executive Committee at the World
Congress held in Naples, Italy, 13 to 17 October 2025, passed the following resolution:
NOTING
that TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights)
requires, inter alia, countries to provide for the grant of preliminary injunctions “to prevent an
infringement of any intellectual property right from occurring, and in particular to prevent the
entry into the channels of commerce in their jurisdiction of goods”;
OBSERVING
that the availability of such preliminary injunctions and the conditions under which
they are granted vary globally;
URGES
countries
to review the availability of preliminary injunctions in their jurisdiction where
IP rights are suspected of being infringed against the following principles:
1.
Balanced Access – Preliminary Injunctions should be available to the holders of IP rights
facing imminent harm, but only under strict conditions ensuring fairness;
2.
Proportionality - Courts should assess the proportional impact on both parties before
granting a Preliminary Injunction;
3.
Applicant Liability - Applicants for a Preliminary Injunction should bear responsibility for
damages if the Preliminary Injunction is later found unjustified, with liability models
tailored to jurisdictional norms;
4.
Defendant Safeguards – Defendants, including potential defendants, against a
Preliminary Injunction should have access to compensation, procedural remedies, and
protective measures;
5.
Transparency and Predictability - Clear procedural rules should govern the issuance,
challenge, and revocation of Preliminary Injunctions;
FURTHER URGES
countries to engage in international efforts to harmonise Preliminary
Injunction standards, especially in cross-border Intellectual Property disputes.
[End of document]