Enforcement of an injunction: documents to prepare
An injunction in a patent dispute becomes enforceable once it is final, has been formally served, and any suspensive period has expired. Before filing for enforcement, the winning party assembles a defined file: the order itself, proof of service, evidence of continuing breach, and the application addressed to the enforcement authority. Missing one document delays the whole process.
When enforcement becomes possible
An order is final when the appeal period has run out or the losing side has withdrawn its appeal. Some injunctions are provisional and enforceable immediately, subject to a security deposit set by the court. Others take effect only after formal service on the losing party, confirmed by an acknowledgement of receipt or a bailiff's report.
The date of service, not the date of the hearing, starts the clock for compliance. This distinction decides whether a penalty claim for continued breach will hold up later.
Documents to prepare
| Document | Purpose | Typical source |
|---|---|---|
| Certified copy of the injunction | Confirms the exact scope and wording of the prohibition | Issuing court's registry |
| Proof of service | Establishes the date from which compliance is due | Bailiff, process server, or acknowledged delivery |
| Evidence of continuing breach | Shows the prohibited act still occurs after the deadline | Test purchases, screenshots, inspection reports |
| Enforcement application | Formally requests the authority to open enforcement | Drafted by counsel, signed by the applicant |
| Power of attorney | Authorises counsel to act before the enforcement authority | Signed by the applicant or its officer |
| Certified translation | Makes the order usable outside the court that issued it | Certified translator, where the authority sits abroad |
Each document must be current. An expired power of attorney or an uncertified copy is a common reason enforcement authorities return a file unopened.
Practical consequence
Every day between service and the enforcement filing is a day the infringer can argue that compliance is already underway. Enforcement authorities and courts tend to read delay as tolerance rather than patience.
A file assembled in advance, before the injunction is even final, shortens this exposure to a single working day once the order takes effect. Assembling it afterwards, under pressure, is where most errors happen.
What to do
- Request a certified copy of the order from the court registry immediately after judgment.
- Instruct a bailiff or authorised process server to serve the order and to record proof of service.
- Document any continuing breach with dated evidence: test purchases, screenshots, or an independent inspection.
- Identify every asset the injunction covers. Where the dispute touches digital or tokenised assets, a separate recordal step may apply — see On-chain and off-chain recordal step by step in detail for how that timing works.
- File the enforcement application with the competent authority, attaching the documents assembled above.
- Track the compliance deadline set in the order and prepare a second filing for penalty payments if the deadline passes without compliance.
Who decides
The enforcement authority is not the court that issued the injunction. It is a separate body: a bailiff's office, an administrative enforcement agency, or, for a unitary patent, the registry attached to the deciding court. Its task is limited to checking that the file is complete and the order is final.
In Lithuania and Estonia, as in most EU member states, this authority is a bailiff operating under judicial supervision rather than a court clerk. It does not re-examine the merits of the underlying dispute. A decision on whether to open enforcement typically follows within a few working days of a complete filing.
If the other side does not respond, and other scenarios
If the losing party ignores the order, apply for periodic penalty payments. Most enforcement systems allow a daily or weekly amount to accrue for continued breach, calculated from the date service is proven.
If the losing party disputes that service occurred, produce the bailiff's report or the signed acknowledgement. A properly documented service is difficult to challenge in front of the enforcement authority.
If the injunction covers a party that only holds rights through a sublicence, the enforcement file must name that party separately, or the authority will treat the filing as incomplete.
Sources and limit
This overview reflects procedural practice observed across the jurisdictions in scope, checked in 2025. It does not cite specific enforcement statutes, because service rules, security requirements, and penalty mechanisms differ by country and are not consolidated in a single source. See Sources by tier and delivery route overview explained for how each reference used across this site is graded before publication.
This page does not cover damages calculation, ongoing royalty assessment, or forum selection before judgment. It also does not confirm which assets a counterparty actually holds. Where the counterparty is registered in Poland, a background report such as Counterparty in Poland in practice can establish that before an enforcement filing is prepared.
Related publications
The next stage after a successful injunction is often a claim for financial redress. Damages quantification step by step sets out the file needed for that claim.
Frequently asked questions
How long does enforcement of an injunction take in practice?
Once a complete file is filed, most enforcement authorities open proceedings within a few working days. The overall timeline then depends on whether the losing party complies immediately or whether penalty payments need to accrue before compliance follows.
Which documents are needed to start?
A certified copy of the order, proof of service, evidence of continuing breach if compliance has not followed, the enforcement application itself, and a valid power of attorney. A certified translation is added when the authority sits outside the court that issued the order.
What happens if the other side does not respond?
Non-response does not stop enforcement. The authority proceeds on the file submitted, and periodic penalty payments typically begin to accrue from the date the compliance deadline in the order has passed.
Next step
If ownership of the underlying deliverables, rather than the injunction itself, is the open question, What to do first in this situation and the file it requires differ from the steps above.
If a sublicence has surfaced without consent during enforcement, When a sublicence appears without consent explained covers what changes in the file and in the timeline.