Hoffmann Eitle - München, London

05.05.2010 -

Effective Patent Protection at Trade Fairs by Provisional Injunctions - The Example of the "bauma 2010" in Munich

At the trade fair "bauma 2010" in Munich, which took place from 19th to 25th April 2010, we were able to successfully and effectively take action on behalf of our client, a company active throughout the world in the construction industry, against two patent-infringing companies by means of provisional injunctions. The booths were completely cleared of all patent-infringing products, samples and catalogues by the court bailiff on the third day of the trade fair.

The trade fair "bauma", which takes place every three years, is the world’s largest trade fair for construction machinery, construction vehicles and construction equipment. It is therefore of enormous importance for the presentation of innovations and for orders in this sector.

An important product of our client is protected by a European patent. There were signs of imitations even before the start of "bauma 2010". It was decided a few months before the start of the trade fair that action would be taken against possible patent infringers. Corresponding preparations were made by our client and by their patent attorneys and attorneys at law.

On the first day of the trade fair, a team consisting of technical employees of our client as well as attorneys at law and patent attorneys visited, following a predetermined "route", a number of booths with possible infringing products.

Products that recognisably infringed our client’s patent even at first glance were found on the booth of one manufacturer and one distributor. Addresses and catalogues were collected at the booth and photographs were taken. Drafting of the provisional injunctions began the very same day on the basis of a pre-prepared text. In close cooperation with our client, the requests were finished the next day and were filed at Regional Court Munich I. The following morning (third day of the trade fair) two chambers of the court discussed the requests and issued the provisional injunctions in the early afternoon without hearing the adversary.

The two provisional injunctions were enforced at "bauma" the same afternoon by the court bailiff who had been contacted in advance. Supervised by security personnel, the court bailiff seized all of the patent-infringing products, samples and catalogues, and had them collected and placed in storage by a transport company.

The rapid enforcement of this patent right at the trade fair was made possible by the careful preparation by all involved, however above all by the quick court decisions and the professional conduct of the court bailiff. The procedure should be even quicker at smaller trade fairs or with earlier knowledge of the infringing products.