American Cyanamid Co v Ethicon Ltd

Facts

A patent holder sought an interlocutory injunction to stop a rival marketing a product before trial.

Issue

What test governs the grant of an interlocutory injunction?

Held

The court asks whether there is a serious question to be tried and, if so, where the balance of convenience lies, including whether damages would be an adequate remedy.

Principle

Serious question to be tried plus balance of convenience.

Why it matters

The standard test applied by the High Court of Sierra Leone on applications for interim injunctions.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.