We have been advised that in the case of Russell Uclaf v. Biotech Laboratorios et al. the Venezuelan Court has for the first time issued a preliminary injunction to enforce a patent. The patent related to a process for production of a pharmaceutical product. The decision apparently was based on the implementation of Andean Pact Decision 344 which provides for a reversal of the burden of proof in connection with process claims. This legal presumption was sufficient for the Court to grant the requested injunction against sale of the product.

Under Venezuelan procedural law the defendant could have the injunction lifted pending trial of the action by posting a bond acceptable to the Court sufficient to cover the damages that the plaintiff might suffer as a result of the continued use.