Provisional urgent measures

Provisional urgent measures
March 18 02:11 2014 Print This Article

– The following provisional urgent measures shall be applied to goods suspected of infringing upon intellectual property rights or to raw materials, materials or means of production or trading of such goods:

* Seizure;

* Distraint;

* Sealing; ban from alteration of original state; ban from movement;

* Ban from ownership transfer.

– Other provisional urgent measures shall be applied according to the provisions of the Civil

Procedure Code.

– Right to request the court to apply provisional urgent measures

Upon or after the initiation of a lawsuit, an intellectual property right holder shall have the right to request the court to apply provisional measures in the following cases:

* There exists a danger of irreparable damage to such intellectual property right holder;

*  Goods suspected of infringing upon intellectual property rights or evidence related to the act of infringing upon industrial property rights are likely to be dispersed or destroyed unless they are protected in time.

The court shall decide to apply provisional urgent measures at the request of the industrial property right holder defined above before listening to the party subject to such measures.

Untitled-1

Get in touch with us

Your Name:

Phone Name:

Your Email :

Subject:

Your Message: