(1) In proceedings for the grant of a compulsory licence the claimant may, at his or her request, be permitted to use the invention on the basis of an injunction if he or she substantiates that the requirements under section 24 (1) to (6) are fulfilled and that there is an urgent need, in the public interest, for the immediate grant of the permission.
(2) The issue of the injunction may be made dependent on the fact that the person making the request provides a security on account of the imminent threat of disadvantages arising for the party opposing the request.
(3) The Federal Patent Court takes its decision on the basis of oral proceedings. The provisions of section 82 (4) sentence 2 and section 84 apply accordingly.
(4) Upon the withdrawal or rejection of the action for the issue of a compulsory licence (sections 81 and 85a), the effect of the injunction ceases; a decision on costs may be amended if a party applies for the amendment within one month after the withdrawal or rejection has become effective.
(5) If the ordering of the injunction proves unjustified from the outset, the person making the request is obliged to compensate the party opposing the request for any damage which he or she suffered on account of implementation of the injunction.
(6) The judgment awarding the compulsory licence may be declared provisionally enforceable upon request against or without provision of a security if this is in the public interest. If the judgment is set aside or amended, the person making the request is obliged to compensate the damage which the party opposing the request suffered on account of enforcement.